Sections 25-824 to 25-824.03 shall apply unless attorney's fees are otherwise specifically provided by law, in which case the provision allowing the greater award shall prevail.
§ 25-824.03.Frivolous actions; applicability of sections.
Article 8: Pleadings · Last amended 1987 · Last verified July 22, 2026
In one sentenceThis section makes sections 25-824 through 25-824.03 the default rule for frivolous-action attorney’s-fee awards in Nebraska, stepping aside whenever another law specifically provides attorney’s fees for the same situation and would allow the larger award.
Full Text of § 25-824.03
Source
Laws 1987, LB 261, § 4.
Plain-English Summary
Section 25-824.03 governs how the frivolous-action fee-shifting scheme fits together with every other Nebraska fee statute. Sections 25-824 to 25-824.03 apply as the default rule for frivolous or bad-faith claims and defenses, unless attorney’s fees are otherwise specifically provided by law for the same situation.
When another statute does specifically provide for attorney’s fees, the section resolves the conflict with a simple rule: the provision allowing the greater award prevails. A court and the parties compare what each available fee provision would allow and apply the one that produces the larger award, rather than picking whichever statute a party happens to cite first.
This keeps the frivolous-action framework from cutting off a larger fee remedy that another statute makes available, while avoiding a fight over which of several overlapping fee statutes controls in a given case.
Frequently Asked Questions
Does section 25-824 apply to every Nebraska civil case involving a frivolous claim?
It applies unless attorney’s fees are otherwise specifically provided by law for that situation, in which case the provision allowing the greater award prevails.
What happens if two different statutes both authorize attorney’s fees for the same case?
The provision allowing the greater award prevails over the frivolous-action sections.
Can I recover fees under both section 25-824 and another fee statute at the same time?
Section 25-824.03 resolves the overlap by applying whichever provision allows the greater award, rather than stacking multiple fee awards for the same conduct.
Why does Nebraska need this rule?
It prevents conflict between the general frivolous-action fee-shifting framework and other statutes that specifically provide attorney’s fees for particular claims.
Does this section create a new right to recover fees?
No. It governs how sections 25-824 to 25-824.03 interact with other fee statutes; it does not itself create an independent fee remedy.
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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