In an action for a libel or slander it shall be sufficient to state, generally, that the defamatory matter was published or spoken of the plaintiff, and if the allegation be denied, the plaintiff must prove on the trial the facts, showing that the defamatory matter was published or spoken of him.
§ 25-839.Libel or slander; how sufficiently pleaded; burden of proof.
Article 8: Pleadings · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a plaintiff plead libel or slander with a general allegation that the defamatory words were published or spoken of the plaintiff, but shifts the burden to the plaintiff to prove that fact at trial if the defendant denies it.
Full Text of § 25-839
Source
R.S.1867, Code § 131, p. 414; R.S.1913, § 7699; C.S.1922, § 8643; C.S.1929, § 20-839; R.S.1943, § 25-839.
Plain-English Summary
Pleading a libel or slander claim in Nebraska does not require spelling out every fact connecting the defamatory statement to the plaintiff. Section 25-839 allows a general allegation: that the defamatory matter was published or spoken of the plaintiff. That shorthand is enough to satisfy the pleading itself.
The ease does not carry through to trial. If the defendant denies that allegation, the plaintiff must then prove the facts showing that the defamatory matter was in fact published or spoken of the plaintiff. The section eases the pleading burden while leaving the proof burden squarely on the plaintiff once the connection between the statement and the plaintiff is contested.
Note what this section does not address: it says nothing about whether the statement itself was defamatory, only about how a plaintiff may plead and must prove the “of and concerning the plaintiff” element of the claim.
Frequently Asked Questions
How much detail must I plead to bring a libel or slander claim in Nebraska?
A general statement that the defamatory matter was published or spoken of the plaintiff is sufficient under section 25-839.
What if the defendant denies that the statement was about me?
Once the defendant denies that allegation, the plaintiff must prove the facts at trial showing that the defamatory matter was published or spoken of the plaintiff.
Does this section address whether the statement itself was defamatory?
No. Section 25-839 addresses only how the connection between the statement and the plaintiff may be pleaded and proved, not whether the statement was defamatory.
Is this different from ordinary civil pleading standards?
Yes. It allows a more general allegation for the “of and concerning the plaintiff” element than a plaintiff might otherwise need to plead in detail.
What happens if the defendant doesn’t deny the allegation?
The section only requires proof at trial if the allegation is denied, so an allegation the defendant does not deny stands without further proof on that point.
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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