The making of an offer pursuant to the provisions contained in section 25-901 shall not be a cause for a continuance of an action, or a postponement of a trial.
§ 25-902.Offer of judgment; no cause for continuance or postponement.
Article 9: Offer of Judgment, Submission of Controversies, Confession of Judgment, and Motions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section prevents a defendant’s offer of judgment under section 25-901 from being used as grounds to delay the trial or continue the case.
Full Text of § 25-902
Source
R.S.1867, Code § 566, p. 493; R.S.1913, § 7718; C.S.1922, § 8662; C.S.1929, § 20-902; R.S.1943, § 25-902.
Plain-English Summary
Section 25-902 is a single, direct sentence that closes off a potential loophole in the offer-of-judgment procedure. Making an offer under section 25-901 is not a cause for a continuance of the action or a postponement of the trial.
Without this rule, a party might try to use a pending offer, or the negotiations around it, as leverage to push back a trial date. This section takes that option off the table: the case proceeds on its normal schedule whether or not an offer of judgment is outstanding.
It works together with section 25-901’s five-day acceptance window — a plaintiff can still be weighing an offer, or the offer can still be pending, right up to and through trial, without that timing affecting when the case is heard.
Frequently Asked Questions
Can a party ask for more time because an offer of judgment is pending?
No. Section 25-902 states that making the offer is not cause for a continuance or postponement of the trial.
Does the trial date change once a section 25-901 offer is served?
No. The case proceeds on its normal schedule.
Why does Nebraska need this rule?
It keeps the offer-of-judgment procedure from being used as a delay tactic by either side.
Does this section limit when an offer can be made?
No. Timing for making the offer is addressed in section 25-901; section 25-902 only addresses the effect on the trial schedule.
Who benefits from this rule?
Both parties, since it keeps the case moving on schedule and prevents the offer procedure from becoming a stalling tactic.
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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