If the court determines that the limitation period of another state applicable under section 25-3203 or 25-3204 is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defending against, the claim, the limitation period of this state applies.
§ 25-3205.Unfairness.
Article 32: Uniform Conflict of Laws Limitations Act · Last amended 2006 · Last verified July 22, 2026
In one sentenceThis section lets a Nebraska court apply Nebraska’s own limitation period instead of the otherwise-applicable foreign period when that foreign period is substantially different from Nebraska’s and either denies a fair opportunity to sue or imposes an unfair burden on the defense.
Full Text of § 25-3205
Source
Laws 2006, LB 1115, § 5.
Plain-English Summary
Section 25-3205 is the Act’s escape valve. Even after sections 25-3203 and 25-3204 point to another state’s limitation period, a Nebraska court can set that period aside and apply Nebraska’s own instead — but only under two conditions found together. First, the foreign limitation period must be substantially different from Nebraska’s own. Second, that difference must mean the foreign period either has not given the plaintiff a fair opportunity to sue, or imposes an unfair burden on the party defending against the claim.
Both conditions have to be present; a modest difference between the two states’ limitation periods, without unfairness to either side, is not enough to trigger this exception. The provision can work in a defendant’s favor as well as a plaintiff’s, since an unfair burden on the defense is an independent basis for the court to apply Nebraska law instead.
Frequently Asked Questions
When can a Nebraska court override the foreign limitation period this Act would otherwise apply?
When the foreign limitation period is substantially different from Nebraska’s and either fails to give a fair opportunity to sue or imposes an unfair burden on the defense.
What two things must a court find before applying this unfairness exception?
A substantial difference between the foreign and Nebraska limitation periods, and unfairness — either an unfair opportunity to sue or an unfair burden on the defense.
Does a small difference between the two states’ limitation periods trigger this exception?
No. The difference must be substantial, and it must also produce unfairness to one side.
Can this exception protect a defendant, not just a plaintiff?
Yes. An unfair burden in defending against the claim is one of the two grounds for applying Nebraska’s limitation period instead.
Which sections’ limitation-period choices does this exception override?
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: unfairness exception conflict of laws nebraskasubstantially different limitation period nebraskaunfair burden defending claim nebraskacourt override foreign limitation period