§ 25-2733.Appeals; district court; review record; disposition; costs.
Article 27: County Court Rules of Procedure and Probate Practice · Last amended 2008 · Last verified July 22, 2026
In one sentenceThis section tells the district court how to handle an appeal from a county court civil judgment — reviewing the record for error, then affirming, affirming with modification, or reversing — and sets the rules for the mandate, the bill of exceptions, costs, and interest that follow.
Full Text of § 25-2733
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(1) In all cases the district court shall review the case for error appearing on the record made in the county court. The district court shall render a judgment which may affirm, affirm but modify, or reverse the judgment or final order of the county court. If the district court reverses, it may enter judgment in accordance with its findings or remand the case to the county court for further proceedings consistent with the judgment of the district court. Within two judicial days after the decision of the district court becomes final, the clerk of the district court shall issue a mandate in appeals from the county court and transmit the mandate in appeals to the clerk of the county court on the form prescribed by the Supreme Court together with a copy of such decision.
(2) The ordering, preparing, signing, filing, correcting, and amending of the bill of exceptions shall be governed by the rules of practice prescribed by the Supreme Court.
(3) The judgment of the district court shall vacate the judgment in the county court. The taxation of costs in the district court shall include the costs in the county court. If a judgment of the county court is affirmed or affirmed but modified, interest on the amount of the judgment in the district court that does not exceed the amount of the judgment in the county court shall run from the date of entry of the judgment appealed from the county court.
Once a civil case reaches the district court on appeal from county court, the district court does not retry the facts. It reviews the record the county court made and looks for error. From there it has three paths: affirm the judgment as written, affirm it but modify some part, or reverse it outright. A reversal does not always send the case back — the district court may enter its own judgment consistent with its findings, or remand the case to county court for further proceedings. Once the decision becomes final, the clerk has two judicial days to issue a mandate on a Supreme Court–prescribed form and send it, with a copy of the decision, to the county court clerk.
The mechanics of the bill of exceptions — how it is ordered, prepared, signed, filed, corrected, and amended — follow the rules of practice the Supreme Court has adopted for that purpose, rather than anything spelled out in this section itself.
A district court judgment on appeal replaces the county court judgment entirely; the county court judgment is vacated. Cost accounting follows the case up: whatever costs were taxed in county court become part of the district court’s cost award. And if the district court affirms the county court judgment, or affirms it with modification, interest on the district court judgment — up to the amount the county court originally awarded — runs from the date the county court entered its judgment, not from the later district court decision.
Frequently Asked Questions
What does the district court do when it reviews an appeal from a Nebraska county court civil case?
It reviews the case for error appearing on the record the county court made, rather than holding a new trial, and then affirms, affirms with modification, or reverses the judgment.
Can the district court decide the case itself instead of sending it back to county court?
Yes. If it reverses, the district court may enter judgment consistent with its own findings, or it may remand the case to county court for further proceedings.
How quickly must the mandate go back to the county court after the appeal is decided?
Within two judicial days after the district court’s decision becomes final, the clerk of the district court issues the mandate and sends it, along with a copy of the decision, to the county court clerk.
What happens to interest on a judgment that is affirmed on appeal?
Interest on the portion of the district court judgment that does not exceed the county court’s original award runs from the date the county court entered that judgment.
Are the costs from the county court case included in the district court’s cost award?
Yes. The taxation of costs in the district court includes the costs that were taxed in the county court.
Does the bill of exceptions on appeal follow its own separate procedure?
Yes. Ordering, preparing, signing, filing, correcting, and amending the bill of exceptions is governed by the rules of practice the Supreme Court has prescribed, not by this section.
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
Also known as:appeal county court to district court nebraskadistrict court review of county court judgmentappeal mandate county court nebraskainterest on affirmed county court judgmentcosts on appeal from county court