No formal pleadings other than the claim and notice, and the counterclaim or setoff and notice if appropriate, shall be required in the Small Claims Court and the hearing and disposition of all matters shall be informal so that the rules of evidence, except those relating to privileged communications, shall not apply, with the sole object of providing a prompt and just settlement of the issues. When a money judgment is entered, payment shall be made forthwith after time for appeal has run or execution may issue as in other cases in the county court. When a judgment for the return of personal property is entered, return shall be made forthwith after time for appeal has run or an order of delivery may issue as in other cases in the county court.
§ 25-2806.Pleadings required; informal disposition; judgment.
Article 28: Small Claims Court · Last amended 1984 · Last verified July 22, 2026
In one sentenceSmall Claims Court skips formal pleadings beyond the claim and any counterclaim, sets aside the rules of evidence except for privileged communications, and aims for a prompt, informal, and just resolution, with money judgments paid and property judgments returned as soon as the appeal period runs.
Full Text of § 25-2806
Source
Laws 1972, LB 1032, § 26; Laws 1984, LB 13, § 16; R.S.1943, (1985), § 24-526.
Plain-English Summary
Small Claims Court is built to be informal. No formal pleadings are required beyond the claim and notice, and the counterclaim or setoff and notice if one is filed. The hearing and disposition of every matter are meant to be informal, so the rules of evidence do not apply, except for those protecting privileged communications, with the goal of reaching a prompt and just settlement of the issues rather than a technically perfect one.
Once a money judgment is entered, payment is due as soon as the time for appeal has run, or execution may issue the same as in other county court cases. When a judgment orders the return of personal property, that return is due on the same timeline, or an order of delivery may issue instead.
Frequently Asked Questions
Do I need a formal, lawyer-drafted complaint to bring a small claim?
No. No formal pleadings are required beyond the claim and notice, and any counterclaim or setoff and notice.
Do the normal rules of evidence apply in Small Claims Court?
No, with one exception: the rules protecting privileged communications still apply. Otherwise, the hearing is informal.
Are privileged communications still protected in an informal Small Claims hearing?
Yes. This section specifically preserves the rules relating to privileged communications even though other rules of evidence do not apply.
When do I have to pay a small claims money judgment against me?
Payment is due forthwith once the time for appeal has run, or execution may issue as in other county court cases.
What if the judgment orders me to return property instead of paying money?
Return of the property is due on the same timeline, once the time for appeal has run, or an order of delivery may issue.
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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