Article 27: County Court Rules of Procedure and Probate Practice · Last amended 2018 · Last verified July 22, 2026
In one sentenceThis section sets the thirty-day deadline and steps for perfecting a county court appeal — filing a notice of appeal, depositing the district court docket fee, and serving all parties — plus rules for when a judgment is deemed entered and how a post-judgment motion resets the appeal clock.
Full Text of § 25-2729
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(1) In order to perfect an appeal from the county court, the appealing party shall within thirty days after the entry of the judgment or final order complained of:
(a) File with the clerk of the county court a notice of appeal; and
(b) Deposit with the clerk of the county court a docket fee of the district court for cases originally commenced in district court.
(2) Satisfaction of the requirements of subsection (1) of this section shall perfect the appeal and give the district court jurisdiction of the matter appealed.
(3) The entry of a judgment or final order occurs when the clerk of the court places the file stamp and date upon the judgment or final order. For purposes of determining the time for appeal, the date stamped on the judgment or final order shall be the date of entry.
(4) In appeals from the Small Claims Court only, the appealing party shall also, within the time fixed by subsection (1) of this section, deposit with the clerk of the county court a cash bond or undertaking, with at least one good and sufficient surety approved by the court, in the amount of fifty dollars conditioned that the appellant will satisfy any judgment and costs that may be adjudged against him or her.
(5) A notice of appeal or docket fee filed or deposited after the announcement of a decision or final order but before the entry of the judgment or final order shall be treated as filed or deposited after the entry of the judgment or final order and on the day of entry.
(6) The running of the time for filing a notice of appeal shall be terminated as to all parties (a) by a timely motion for a new trial under section 25-1144.01, (b) by a timely motion to alter or amend a judgment under section 25-1329, or (c) by a timely motion to set aside the verdict or judgment under section 25-1315.02, and the full time for appeal fixed in subsection (1) of this section commences to run from the entry of the order ruling upon the motion filed pursuant to subdivision (a), (b), or (c) of this subsection. When any motion terminating the time for filing a notice of appeal is timely filed by any party, a notice of appeal filed before the court announces its decision upon the terminating motion shall have no effect, whether filed before or after the timely filing of the terminating motion. A new notice of appeal shall be filed within the prescribed time from the entry of the order
ruling on the motion. No additional fees are required for such filing. A notice of appeal filed after the court announces its decision or order on the terminating motion but before the entry of the order is treated as filed on the date of and after the entry of the order.
(7) The party appealing shall serve a copy of the notice of appeal upon all parties who have appeared in the action or upon their attorney of record. Proof of service shall be filed with the notice of appeal.
(8) If an appellant fails to comply with any provision of subsection (4) or (7) of this section, the district court on motion and notice may take such action, including dismissal of the appeal, as is just.
Section 25-2729 is the procedural checklist for getting an appeal out of county court and into the district court. Within thirty days after entry of the judgment or final order being challenged, the appealing party must file a notice of appeal with the clerk of the county court and deposit the docket fee charged for cases originally filed in district court. Completing both steps perfects the appeal and gives the district court jurisdiction over the matter.
The section pins down exactly when a judgment counts as "entered": the date the clerk stamps the judgment or final order with the file stamp and date is the date of entry for purposes of counting the thirty days, whatever the announcement of the decision may have happened earlier. A notice of appeal or docket fee filed or deposited after the decision is announced but before that formal entry is treated as if filed on the day of entry, so a party who moves quickly after a ruling is not penalized for outrunning the paperwork.
Certain post-judgment motions pause the appeal clock entirely. A timely motion for a new trial under section 25-1144.01, a timely motion to alter or amend a judgment under section 25-1329, or a timely motion to set aside the verdict or judgment under section 25-1315.02 each stop the thirty-day period from running, and the full appeal time starts over from the entry of the order ruling on that motion. A notice of appeal filed before the court rules on the terminating motion has no effect regardless of when it was filed, and a new notice must be filed within the prescribed time after the ruling — without any additional filing fee.
Two further requirements round out the section. The appealing party must serve a copy of the notice of appeal on every party who has appeared in the action, or on their attorney of record, and file proof of that service with the notice. Appeals from the Small Claims Court carry an additional deposit requirement described in this section, and if an appellant fails to meet that bond requirement or the service-and-proof requirement, the district court may take action on motion and notice, including dismissing the appeal.
Frequently Asked Questions
How much time do I have to appeal a county court judgment?
Thirty days after entry of the judgment or final order, during which the appealing party must file a notice of appeal and deposit the district court docket fee.
When does the thirty-day period start running?
From the date the clerk of the county court places the file stamp and date on the judgment or final order — that stamped date is the date of entry for appeal purposes.
What if I file my notice of appeal right after the judge announces the ruling but before the judgment is formally entered?
It is treated as filed or deposited after entry, and on the day of entry, so acting quickly after an announced decision does not backfire.
Does filing a motion for new trial delay my time to appeal?
Yes. A timely motion for a new trial, to alter or amend the judgment, or to set aside the verdict or judgment stops the appeal clock, and the full thirty days runs again from the order ruling on that motion.
Do I need to serve the other parties with my notice of appeal?
Yes. The appealing party must serve a copy on every party who has appeared, or their attorney of record, and file proof of service with the notice.
What happens if I fail to meet the small claims deposit or service requirements?
The district court may, on motion and notice, take action as is just, including dismissing the appeal.
Is there an extra fee for filing a new notice of appeal after a terminating motion is decided?
No. The section states that no additional fees are required for that filing.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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