A motion is an application for an order addressed to the court or a judge in vacation, by any party to a suit or proceeding, or one interested therein.
§ 25-908.Motion, defined.
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 defines a motion as an application for a court order, made to the court or to a judge sitting in vacation, by a party to the case or by anyone else with an interest in it.
Full Text of § 25-908
Source
R.S.1867, Code § 572, p. 495; R.S.1913, § 7724; C.S.1922, § 8668; C.S.1929, § 20-908; R.S.1943, § 25-908.
Plain-English Summary
Section 25-908 sets the vocabulary the rest of Article 9’s motion practice builds on. A motion is an application for an order addressed to the court or to a judge in vacation.
Notably, the right to make a motion is not limited to the formally named parties to a suit. Any party to a suit or proceeding, or anyone else interested in it, may bring one — a detail that lets a nonparty with a real stake in the outcome be heard through a motion even without joining the case as a party.
This baseline definition supports the more detailed rules that follow: section 25-909 on combining requests in a single motion, section 25-910 on what a notice of motion must contain, and section 25-913 on notice for motions to strike.
Frequently Asked Questions
What counts as a “motion” under Nebraska law?
An application for an order, addressed to the court or a judge in vacation.
Can only named parties to a lawsuit file a motion?
No. Section 25-908 also allows anyone interested in the suit or proceeding to make a motion.
What is a judge “in vacation”?
A judge acting outside a formal court term. The section uses the phrase to make clear that a motion can be addressed to a judge even when court is not formally in session.
Is a motion the same as a pleading?
No. This section treats a motion as an application for an order, a distinct concept from the pleadings that frame the merits of a case.
Where do I find the requirements for how a motion must be made and noticed?
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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