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§ 25-903.Submitting controversy without action; procedure.

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 lets parties with a genuine legal dispute skip filing a lawsuit and instead agree on the facts and submit their controversy directly to the court that would have jurisdiction, as long as an affidavit shows the dispute is real and the submission is made in good faith.

Full Text of § 25-903

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Parties to a question which might be the subject of a civil action may without action agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought. But it must appear by affidavit that the controversy is real, and the proceedings in good faith, to determine the rights of the parties. The court shall, thereupon, hear and determine the case, and render judgment as if an action were pending.

Source

R.S.1867, Code § 567, p. 493; R.S.1913, § 7719; C.S.1922, § 8663; C.S.1929, § 20-903; R.S.1943, § 25-903.

Cross References

For declaratory judgments, see sections 25-21,149 to 25-21,164.

Plain-English Summary

Not every legal dispute needs a full lawsuit to resolve it. Section 25-903 lets parties to a question that might be the subject of a civil action skip filing an action altogether. Instead, they agree on a case containing the facts on which the controversy depends and present that submission to any court that would have had jurisdiction if an action had been brought.

The section guards against parties manufacturing a fake dispute just to secure a favorable ruling: it must appear by affidavit that the controversy is real and that the proceedings are in good faith, aimed at determining the parties’ actual rights. That affidavit requirement is the gatekeeper that separates a genuine submitted controversy from a collusive one.

Once the submission is properly before it, the court hears and determines the case and renders judgment as if an action were pending. The result carries the same weight as a judgment in ordinary litigation.

This mechanism is a different animal from a declaratory judgment action, which the statute cross-references at sections 25-21,149 to 25-21,164. Both let parties resolve legal questions without the full machinery of ordinary litigation, but a submitted controversy under section 25-903 requires both sides to agree jointly on the facts and submit the dispute together, rather than one party alone seeking a declaration from the court.

Frequently Asked Questions

Do I have to file a lawsuit to get a court ruling under this section?

No. The parties agree on the facts and present the submission directly to a court with jurisdiction, without bringing an action.

What has to be shown before a court will hear a submitted controversy?

An affidavit showing that the controversy is real and that the proceedings are in good faith, aimed at determining the parties’ rights.

How is this different from filing a regular civil action?

The parties skip pleadings and instead jointly agree on and present a case statement of the facts already at issue, and the court decides it on that submission.

Does the court treat a submitted controversy differently from a filed lawsuit?

No. The court hears and determines it and renders judgment as if an action were pending.

Is this the same as a declaratory judgment action?

No, though both let parties resolve legal questions outside ordinary litigation. Section 25-903 cross-references Nebraska’s separate declaratory judgment statutes at sections 25-21,149 to 25-21,164.

Can one party alone use this section to get a ruling?

No. It requires the parties to agree jointly on the facts and submit the controversy together.

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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