The plaintiff in any case pending in the district court or Supreme Court of the state, when no counterclaim or setoff has been filed by the opposite party, has the right in the vacation of any of such courts to dismiss such action without prejudice, upon payment of costs, which dismissal shall be, by the clerk of any of such courts, entered upon the record and take effect from and after the date thereof.
§ 25-602.Dismissal without prejudice; by plaintiff in vacation; exceptions; payment of costs.
Article 6: Dismissal · Last amended 2018 · Last verified July 22, 2026
In one sentenceSection 25-602 gives a plaintiff in a district or Supreme Court case the right to dismiss the action without prejudice during a court’s vacation, without a judge’s order, so long as no counterclaim or setoff has been filed and the plaintiff pays costs, with the clerk entering the dismissal on the record.
Full Text of § 25-602
Source
Laws 1867, § 1, p. 51; R.S.1913, § 7655; C.S.1922, § 8599; C.S.1929, § 20-602; R.S.1943, § 25-602; Laws 2018, LB193, § 9.
Plain-English Summary
Section 25-601 lets a plaintiff dismiss a case without prejudice before final submission, but that usually happens with the court in session and a judge available to act on it. Section 25-602 covers the gap: a plaintiff in a case pending in the district court or the Supreme Court can dismiss without prejudice during that court’s vacation, without needing a judge to sign off, as long as the opposing party has not filed a counterclaim or setoff.
The mechanics are simple. The plaintiff pays the costs of the action, and the clerk of the court enters the dismissal on the record. That entry, not a judge’s order, is what makes the dismissal effective, and it takes effect from the date it is entered.
The counterclaim-or-setoff limit matters. If the defendant has already asserted one, the plaintiff loses this vacation-dismissal right, because dismissing the plaintiff’s claim would otherwise leave the defendant’s own claim in limbo. Section 25-603 addresses exactly that situation, preserving the defendant’s right to proceed on the setoff or counterclaim regardless of what the plaintiff does.
Frequently Asked Questions
Can I dismiss my case without a judge’s order?
Yes, if the case is pending in the district court or the Supreme Court, the court is in vacation, and the defendant has not filed a counterclaim or setoff, you may dismiss without prejudice by paying costs and having the clerk enter the dismissal on the record.
What do I have to pay to dismiss the case this way?
The costs of the action. The dismissal is conditioned on payment of costs.
When does the dismissal take effect?
From and after the date the clerk enters it on the record.
Does this right apply if the defendant has filed a counterclaim?
No. Section 25-602 applies only when no counterclaim or setoff has been filed by the opposite party.
What is “vacation” of the court in this context?
It refers to a period when the court is not in session, as distinguished from a term when the court is actively sitting.
Does this section apply to county court cases?
The text specifically addresses cases pending in the district court or the Supreme Court.
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: dismiss case in vacation nebraskavoluntary dismissal without judge orderplaintiff dismiss and pay costs nebraska25-602 statuteclerk enter dismissal record nebraska