§ 25-601.Dismissal without prejudice.

Section 25-601 is Nebraska’s general dismissal-without-prejudice statute, and it works by exception. The default rule for any case that goes to trial is that the decision has to be on the merits. Dismissal without prejudice to a future action is available only in five specific situations.

A plaintiff can dismiss the case, but only before the case is finally submitted to the jury, or to the court if the trial is to the court rather than a jury — once submission happens, that door closes. The court itself can dismiss without prejudice if the plaintiff fails to show up at trial, if the case is missing necessary parties, if the plaintiff is not diligently prosecuting a claim against some of several defendants (on the application of the defendants being neglected), or if the plaintiff has disobeyed a court order concerning the proceedings.

Outside those five categories, a case that reaches trial has to be decided on its merits — there is no general, unlimited right to walk away from a lawsuit and preserve the ability to refile it later. Sections 25-602 and 25-603 add detail to this framework, covering dismissal during a court’s vacation and what happens to a defendant’s counterclaim when the plaintiff dismisses.