§ 25-824.Pleadings; use in other actions; frivolous pleading; effect; effect of signature; frivolous actions; award of attorney's fees and costs; political subdivisions.

Article 8: Pleadings · Last amended 2026 · Last verified July 22, 2026

In one sentenceThis section limits how a pleading can be used against its filer in criminal proceedings, makes a signature on a pleading a certification of good grounds, and requires a court to award attorney’s fees against anyone who brings or defends a frivolous or bad-faith claim.

Full Text of § 25-824

Text size

(1) A pleading shall not be used against a party in any criminal prosecution or action or proceeding for a penalty or forfeiture as proof of a fact admitted or alleged in such pleading. If a pleading is frivolous or made in bad faith, it may be stricken. The signature of a party or of an attorney on a pleading constitutes a certificate by him or her that he or she has read the pleading; that to the best of his or her knowledge, information, and belief there is good ground for the filing of the pleading; and that it is not interposed for delay.

(2) Except as provided in subsections (6) and (7) of this section, in any civil action commenced or appealed in any court of record in this state, the court shall award as part of its judgment and in addition to any other costs otherwise assessed reasonable attorney's fees and court costs against any attorney or party who has brought or defended a civil action that alleges a claim or defense which a court determines is frivolous or made in bad faith.

(3) The court shall assess attorney's fees and costs if, upon the motion of any party or the court itself, the court finds that an attorney or party brought or defended an action or any part of an action that was frivolous or that the action or any part of the action was interposed solely for delay or harassment. If the court finds that an attorney or party unnecessarily expanded the proceedings by other improper conduct, including, but not limited to, abuses of civil discovery procedures, the court shall assess attorney's fees and costs.

(4)(a) For purposes of this subsection:

(i) Claim includes a claim, cross-claim, or counter-claim; and

(ii) Political subdivision means any village, city, county, school district, public power district, community college, natural resources district, or other unit of local government.

(b) It is the policy of the state to deter frivolous or harassing litigation, especially when it involves frivolous claims or defenses against a political subdivision that necessitate the wasteful expenditure of scarce taxpayer resources.

(i) The political subdivision is defendant against a claim that is frivolous or intended primarily to harass the political subdivision or its public officials; or

(ii) Another party asserts a defense against a claim of the political subdivision and such defense is frivolous or intended primarily to harass the political subdivision or its public officials.

(d) The political subdivision may make such request as a claim or a motion. When a court has determined that judgment will be entered denying a claim or defense against a political subdivision and the political subdivision has filed a claim or motion under this subsection, the court shall conduct a separate hearing as provided in subdivision (4)(e) of this section. Such hearing shall be conducted before entering any order of dismissal or other resolution.

(e) At such hearing the court shall determine whether the other party's claim or defense was frivolous or intended primarily to harass the political subdivision or its

public officials. If the court determines that a claim or defense was frivolous or intended primarily to harass the political subdivision or its public officials, the party asserting such claim or defense shall have the burden to rebut that finding or show the claim was otherwise excused under subsection (6) or (7) of this section. If such party fails to meet its burden, the court shall award reasonable attorney's fees and other expenses to the political subdivision. A court may award fees and expenses pursuant to this subsection in addition to any compensation awarded in a judgment.

(5) When a court determines reasonable attorney's fees or costs should be assessed, it shall allocate the payment of such fees or costs among the offending attorneys and parties as the court determines most just and may charge such amount or portion thereof to any offending attorney or party.

(6) No attorney's fees or costs shall be assessed if a claim or defense was asserted by an attorney or party in a good faith attempt to establish a new theory of law in this state or if, after filing suit, a voluntary dismissal is filed as to any claim or action within a reasonable time after the attorney or party filing the dismissal knew or reasonably should have known that he or she would not prevail on such claim or action.

(7) No party who is appearing without an attorney shall be assessed attorney's fees unless the court finds that the party clearly knew or reasonably should have known that his or her action or defense or any part of such action or defense was frivolous or made in bad faith, except that this subsection shall not apply to any situation in which an attorney licensed to practice law in the state is appearing without an attorney, in which case he or she shall be held to the standards for attorneys prescribed in this section.

Source

R.S.1867, Code § 113, p. 412; R.S.1913, § 7684; Laws 1915, c. 144, § 1, p. 313; C.S.1922, § 8628; C.S.1929, § 20-824; R.S.1943, § 25-824; Laws 1969, c. 182, § 1, p. 774; Laws 1983, LB 277, § 1; Laws 1987, LB 261, § 1; Laws 2026, LB935, § 3. Operative Date: July 18, 2026

Plain-English Summary

Section 25-824 opens with a shield: a pleading cannot be used against a party in a criminal prosecution or a penalty or forfeiture proceeding as proof of a fact admitted or alleged in it. A frivolous or bad-faith pleading may be stricken. And every signature on a pleading — whether the party’s or the attorney’s — certifies that the signer read the pleading, believes there is good ground for filing it, and is not filing it to cause delay.

The heart of the section is mandatory fee-shifting. In any civil action in a court of record, the court must award reasonable attorney’s fees and costs against an attorney or party who brought or defended a claim or defense the court finds frivolous or made in bad faith. That award is mandatory once the court makes the finding, whether on a party’s motion or on the court’s own initiative, and it also covers a party or attorney who needlessly expanded the proceedings through improper conduct, including abuse of discovery.

Political subdivisions — cities, counties, school districts, and similar units of local government — get a dedicated process. The Legislature states a policy of deterring frivolous or harassing litigation that drains scarce taxpayer resources from local government. A political subdivision facing a frivolous or harassing claim as a defendant, or facing a frivolous or harassing defense against its own claim, can request a fee award. That request triggers a separate hearing before the court resolves the underlying claim or defense, and once the court finds a claim or defense frivolous or harassing, the burden shifts to the other side to rebut that finding or show it is excused.

The section also allocates responsibility and carves out exceptions. A court divides any fee award among the offending attorneys and parties as it finds most just. No fees are assessed for a good-faith attempt to establish a new legal theory, or for a claim voluntarily dismissed within a reasonable time after the filer learned it would not succeed. And a self-represented party who is not a lawyer is protected from fee awards unless the court finds the party clearly knew, or should have known, the action or defense was frivolous or in bad faith — though a lawyer appearing without counsel is held to the same standard as any other attorney.

Frequently Asked Questions

Can my pleading be used against me in a criminal case?

No. Section 25-824 prevents a pleading from being used against a party in a criminal prosecution or a proceeding for a penalty or forfeiture as proof of a fact admitted or alleged in it.

What does signing a pleading certify?

The signature of a party or attorney certifies that the signer read the pleading, believes there is good ground for filing it, and is not filing it to cause delay.

When must a Nebraska court award attorney’s fees for a frivolous filing?

The award is mandatory once a court finds that a claim or defense was frivolous or made in bad faith, or that a party unnecessarily expanded the proceedings through improper conduct, subject to the exceptions the section lists.

Are self-represented parties at the same risk of fee awards as attorneys?

No. A party appearing without an attorney is protected from a fee award unless the court finds the party clearly knew, or should have known, the action or defense was frivolous or made in bad faith. An attorney appearing without counsel is held to the standard for attorneys.

How does this section protect cities, counties, and school districts from frivolous lawsuits?

It defines “political subdivision,” states a policy against frivolous or harassing litigation targeting local government, and sets up a request-and-hearing process that shifts the burden to the other party once the court finds a claim or defense frivolous or harassing.

Can I avoid a fee award by dismissing a weak claim once I realize it won’t work?

Yes. No fees are assessed if a voluntary dismissal is filed within a reasonable time after the attorney or party knew, or reasonably should have known, that the claim or action would not succeed.

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: nebraska frivolous lawsuit sanctionsattorney fees frivolous pleading nebraskapleading signature certification nebraskapolitical subdivision attorney fees nebraska25-824 sanctionsbad faith pleading nebraska