When an order is made transferring a cause for trial, as provided in section 25-410, the clerk of the court must transmit the pleadings and papers therein to the clerk of the court to which it is transferred; and in every such case, all expenses of such trial which would be chargeable to the county in which the suit originated had the cause been tried therein, as determined by the district judge of the county to which said cause has been transferred, shall be a charge upon the county in which the suit was commenced. The court to which an action is transferred shall have and exercise over the same the like jurisdiction as if it had been originally commenced therein.
§ 25-411.Change of venue; procedure; effect; expenses.
Article 4: Venue · Last amended 1935 · Last verified July 22, 2026
In one sentenceSection 25-411 describes what happens once a court orders a case transferred under section 25-410: the clerk sends the case papers to the new court, the originating county remains responsible for the trial expenses, and the receiving court gains full jurisdiction as though the case started there.
Full Text of § 25-411
Source
G.S.1873, c. 57, § 3, p. 712; R.S.1913, § 7622; C.S.1922, § 8565; C.S.1929, § 20-411; Laws 1935, c. 43, § 1, p. 162; C.S.Supp.,1941, § 20-411; R.S.1943, § 25-411.
Plain-English Summary
Section 25-410 gives a district court the power to transfer a case; section 25-411 fills in what that transfer looks like in practice. Once an order transferring a case for trial has been made, the clerk of the court where the case originated must transmit the pleadings and other papers to the clerk of the court receiving the case.
Money follows the case, but not all the way. The expenses of the trial — the ones that would have been charged to the county where the suit started, had it been tried there — remain a charge upon that originating county, as determined by the judge of the county to which the case has been transferred. The county on the receiving end of the transfer does not absorb those costs because it now hosts the trial.
Jurisdiction, by contrast, transfers completely. The court receiving the case has and exercises the same jurisdiction over it as if the action had been filed there in the first place, so the parties do not need to worry that the transferee court’s authority is somehow limited or provisional.
Frequently Asked Questions
What does the clerk of court have to do once a case is transferred under section 25-410?
The clerk of the court where the case originated must transmit the pleadings and other papers in the case to the clerk of the court the case was transferred to.
Which county pays for the trial expenses after a transfer?
The county where the suit was originally commenced remains responsible for the trial expenses that would have been chargeable to it had the case been tried there, as determined by the judge of the transferee county.
Does the new court have full authority over the transferred case?
Yes. Section 25-411 gives the receiving court the same jurisdiction over the case as if it had been filed there originally.
Is this the same statute that authorizes the transfer itself?
No. Section 25-410 authorizes the transfer and describes the certification process; section 25-411 addresses the transmission of case papers, the handling of trial expenses, and the scope of the receiving court’s jurisdiction.
Does the originating county keep paying trial expenses even long after the transfer?
The statute ties responsibility for those expenses to the county where the suit was commenced without a stated time limit, subject to the transferee judge’s determination of the chargeable amount.
Who decides how much the originating county owes in trial expenses?
The district judge of the county to which the case has been transferred determines the expenses chargeable to the originating county.
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: what happens after venue transfer nebraskatrial expenses after case transfertransferee court jurisdiction nebraskaclerk duties venue transferwhich county pays trial costssection 25-411 explained