§ 25-2805.Trial without jury; transfer to county court; fee; jury demand; timeframe.
Article 28: Small Claims Court · Last amended 2011 · Last verified July 22, 2026
In one sentenceEvery Small Claims case is tried to the judge alone, but a defendant can move it to the county court’s regular docket by giving notice at least two days before the hearing, paying the fee difference, filing an answer, and making any jury demand within the usual timeframe.
Full Text of § 25-2805
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All matters in the Small Claims Court shall be tried to the court without a jury. Except as provided in section 25-2618.01, any defendant in an action or such defendant's attorney may transfer the case to the regular docket of the county court by giving notice to the court at least two days prior to the time set for the hearing. Upon such notice the case shall be transferred to the regular docket of the county court. The party causing the transfer of a case from the Small Claims Court to the regular docket shall pay as a fee the difference between the fee for filing a claim in Small Claims Court and the fee for filing a claim on the regular docket.
In any action transferred to the regular docket, there shall be no motions challenging pleadings unless ordered by the court upon a showing that any such procedure is necessary to the prompt and just determination of the action. In any action transferred to the regular docket, a defendant shall file an answer. Any jury demand in cases transferred from the Small Claims Court to county court shall be made within the timeframes provided in section 25-2705.
Small Claims Court cases are tried to the court, without a jury. That said, a defendant, or the defendant’s attorney, can move the case out of Small Claims Court entirely. Except as section 25-2618.01 provides, giving notice to the court at least two days before the hearing transfers the case to the regular county court docket. The party who causes that transfer pays a fee equal to the difference between the Small Claims Court filing fee and the regular county court filing fee.
Once transferred, the case starts to look more like an ordinary county court action: there are no motions challenging the pleadings unless the court orders that necessary for a prompt and just resolution, and the defendant has to file an answer, something Small Claims Court itself does not require. Any jury demand in a case transferred out of Small Claims Court has to be made within the timeframes section 25-2705 sets.
Frequently Asked Questions
Does Small Claims Court use a jury?
No. All matters in Small Claims Court are tried to the court without a jury.
Can a defendant move a small claims case to regular county court?
Yes. A defendant, or the defendant’s attorney, can transfer the case to the regular county court docket, except as section 25-2618.01 provides.
How much notice does a defendant have to give before transferring the case?
At least two days before the time set for the hearing.
Does moving the case to the regular docket cost extra?
Yes. The party causing the transfer pays the difference between the Small Claims Court filing fee and the regular county court filing fee.
If my case is transferred, do I need to file a formal answer?
Yes. A defendant in a transferred case must file an answer, unlike in Small Claims Court itself.
Can I still ask for a jury after the case is transferred out of Small Claims Court?
Yes, as long as the jury demand is made within the timeframes section 25-2705 sets.
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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