§ 25-410.Transfer of actions; clerk of transferor court; duties; clerk of transferee court; duties; certain support orders; how treated.
Article 4: Venue · Last amended 2018 · Last verified July 22, 2026
Full Text of § 25-410
Source
R.S.1867, Code § 61, p. 402; G.S.1873, c. 57, § 61, p. 532; R.S.1913, § 7621; C.S.1922, § 8564; C.S.1929, § 20-410; R.S.1943, § 25-410; Laws 1971, LB 576, § 8; Laws 2010, LB712, § 1; Laws 2018, LB193, § 6.
Cross References
For disqualification of judge, see sections 24-723.01, 24-739, and 24-740.
Plain-English Summary
Not every venue problem is about where a case was filed incorrectly. Sometimes a case is filed in a proper county, but circumstances — where the witnesses live, where the evidence is, or simple fairness — make another county a better place to try it. Section 25-410 gives a district court the power to transfer such a case, called the transferor court, to the district court of another county, called the transferee court, for the convenience of the parties and witnesses or in the interest of justice. The transfer can happen before or after judgment, and it comes with no additional filing fees.
The mechanics run through the clerks of both courts. Once a transfer order names the specific transferee court, the clerk of the transferor court has ten days to certify the case file and costs and file that certification with the transferee court, along with certified copies of any judgment and payment records tied to it. When the transferee court’s clerk receives those documents, any judgment in the case gets entered on that court’s own judgment index — and once entered there, it becomes a lien on the debtor’s property in any county where it is filed. Transferring the case does not change what the parties owe or are owed under any judgment already entered, regardless of where the transfer stands procedurally.
The section also handles a specific wrinkle: cases involving support orders tracked by the state’s Title IV-D child support division. When such a case transfers, the transferor court’s order must notify the division so it can update its payment records, with support payments shifting to the transferee court starting the first day of the month after the transfer order, and earlier payments treated as satisfying the transferor court’s judgment.
Frequently Asked Questions
Can a case be moved to a different county even if it was filed in the right place?
Yes. Section 25-410 lets a district court transfer a properly filed civil action to another county’s district court for the convenience of the parties and witnesses or in the interest of justice.
Does transferring a case cost extra in filing fees?
No. The statute states there is no additional fee required for the transfer.
Can a case be transferred after judgment has already been entered?
Yes. Section 25-410 allows the transfer to occur either before or after entry of judgment.
What has to happen for the new court to take over the case?
The clerk of the transferor court must certify the case file, costs, and any judgment and payment records, and file that certification with the transferee court within ten days of the transfer order.
Does moving a case to a new county change what a party owes under an existing judgment?
No. The statute is explicit that transfer does not change the parties’ obligations under any judgment already entered in the action.
What happens to a child support payment schedule when the case transfers?
The transferor court must notify the Title IV-D Division so its records reflect the change, and support payments shift to the transferee court beginning the first day of the month following the transfer order.
How is this transfer different from the transfer described in section 25-403.01?
Section 25-403.01 addresses transferring a case out of a county where venue was improper in the first place, while section 25-410 addresses moving a properly venued case for convenience or the interest of justice.