A civil action must be commenced by filing a complaint in the office of the clerk of a proper court.
§ 25-501.Actions; how commenced.
Article 5: Commencement of Actions and Service of Process · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section states the single, basic rule for starting any civil lawsuit in Nebraska: file a complaint with the clerk of a court that has authority to hear the case.
Full Text of § 25-501
Source
R.S.1867, Code § 62, p. 403; Laws 1869, § 2, p. 63; Laws 1871, § 1, p. 111; R.S.1913, § 7624; C.S.1922, § 8567; C.S.1929, § 20-501; R.S.1943, § 25-501; Laws 1971, LB 576, § 9; Laws 1979, LB 510, § 2; Laws 2002, LB 876, § 12.
Cross References
When action is deemed commenced, see section 25-217. Workers' compensation cases, petition, filing, contents, see section 48-173.
Plain-English Summary
Every lawsuit has to begin somewhere, and in Nebraska it begins here. Section 25-501 says a civil action is commenced by filing a complaint in the office of the clerk of a proper court. That is the whole mechanical act — no summons has to be issued yet, no defendant has to be served yet. The case exists as a filed matter once the complaint lands with the clerk.
“Proper court” carries real weight. The clerk’s office you choose has to be one with both subject-matter jurisdiction over the type of claim and proper venue for where the case belongs. File in the wrong courthouse and you have not commenced a valid action there, whatever the clerk’s stamp says.
This section works hand in hand with section 25-217, which addresses exactly when an action counts as “commenced” for statute-of-limitations purposes — a distinction that matters because filing alone does not always stop a limitations clock from running unless service follows within the time that section allows. Read the two together before relying on a filing date to save a claim that is close to expiring.
Frequently Asked Questions
How do I start a lawsuit in Nebraska?
You file a complaint with the clerk of a court that has jurisdiction over your claim and is the proper venue for the case. That filing is what commences the action under section 25-501.
Does the summons have to be issued before the case is considered started?
No. Section 25-501 ties commencement to filing the complaint with the clerk, not to issuing or serving the summons, which are separate steps addressed in later sections.
What happens if I file in a court that lacks jurisdiction or is the wrong venue?
Filing with a clerk who is not part of a proper court does not validly commence the action there, even though a document was accepted for filing.
Does filing the complaint stop the statute of limitations from running?
Filing is the starting act, but whether it is treated as timely commencement for limitations purposes depends on section 25-217, which sets conditions tied to service of the summons.
Is a complaint the same thing as a petition?
Nebraska practice uses “complaint” as the term for the pleading that opens a civil action, and this section requires that document to be filed to commence the case.
Can I commence an action by mailing the complaint to the clerk?
The section requires filing in the clerk’s office; the mechanics of how a filing reaches that office, including any electronic filing rules, are addressed by court rule rather than by this section itself.
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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