Any action, other than the actions mentioned in sections 25-401 to 25-403, may be brought (1) in the county where any defendant resides, (2) in the county where the cause of action arose, (3) in the county where the transaction or some part of the transaction occurred out of which the cause of action arose, or (4) if all defendants are nonresidents of this state, in any county. When an action has been commenced in any other county, the court in which the action has been commenced shall have jurisdiction over the action, but upon timely motion by a defendant, the court shall transfer the action to the proper court in a county in which such action might have been properly commenced. The court in the county to which the action is transferred, in its discretion, may order the plaintiff or the plaintiff's attorney to pay to the defendant all reasonable expenses, including attorney's fees, incurred by the defendant because of the improper venue or in proceedings to transfer the action.
§ 25-403.01.Actions; venue; transfer; payment of expenses.
Article 4: Venue · Last amended 1986 · Last verified July 22, 2026
In one sentenceSection 25-403.01 is Nebraska’s general venue statute for civil actions not covered by the real-estate venue rules, letting a plaintiff sue where a defendant resides, where the claim arose, or where the underlying transaction occurred, and letting a defendant move to transfer a case filed in the wrong county.
Full Text of § 25-403.01
Source
Laws 1986, LB 529, § 23.
Plain-English Summary
Most civil lawsuits are not about land, so most cases need a venue rule broader than the property-based rules in sections 25-401 through 25-403. Section 25-403.01 is that rule. For any action other than the ones covered by those three sections, a plaintiff may file in the county where any defendant resides, the county where the cause of action arose, the county where the underlying transaction or some part of it occurred, or, if every defendant is a nonresident of Nebraska, any county in the state.
Filing in the wrong county under this section is not fatal to the case. The court where the action lands still has jurisdiction over it. But a defendant is not stuck defending in an inconvenient or improper forum: on a timely motion, the court must transfer the action to a county where it could properly have been brought in the first place.
Transfer can come with a price. The court receiving the transferred case has discretion to order the plaintiff, or the plaintiff’s attorney, to pay the defendant’s reasonable expenses — including attorney’s fees — caused by the improper venue or by the work of getting the case moved. That gives plaintiffs a real incentive to get venue right the first time.
Frequently Asked Questions
Where can I file a lawsuit that does not involve real estate?
Under section 25-403.01, you may file in the county where any defendant resides, the county where the cause of action arose, the county where the underlying transaction occurred, or, if all defendants are nonresidents of Nebraska, any county in the state.
What happens if I file in the wrong county by mistake?
The case is not automatically dismissed. The court where you filed still has jurisdiction, but on a defendant’s timely motion, the court must transfer the case to a proper county.
Can I be charged the other side’s attorney’s fees for filing in the wrong county?
Possibly. The court in the county to which the case is transferred may, in its discretion, order you or your attorney to pay the defendant’s reasonable expenses, including attorney’s fees, caused by the improper venue or the transfer.
How quickly does a defendant need to move to transfer venue?
The statute requires the motion to be timely, so a defendant who wants a transfer should raise the issue promptly rather than litigating the case for a while first.
Does this section apply to a lawsuit to recover possession of land?
What counts as the county where the “cause of action arose”?
It generally refers to the county connected to the events giving rise to the claim, such as where the underlying harm or breach occurred; section 25-403.01 also offers the related option of the county where the transaction or part of it took place.
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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