Where notice of a motion is required, it must be in writing and shall state (1) the names of the parties to the action or proceeding in which it is to be made, (2) the name of the court or judge before whom it is to be made, (3) the place where and the day on which it will be heard, (4) the nature and terms of the order or orders to be applied for, and (5) if affidavits are to be used on the hearing, the notice shall state that fact. It shall be served a reasonable time before the hearing.
§ 25-910.Notice of motion; contents.
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 spells out what a written notice of motion must include — the parties, the court or judge, the hearing’s time and place, the order sought, and whether affidavits will be used — and requires it to be served a reasonable time before the hearing.
Full Text of § 25-910
Source
R.S.1867, Code § 574, p. 495; R.S.1913, § 7726; C.S.1922, § 8670; C.S.1929, § 20-910; R.S.1943, § 25-910.
Plain-English Summary
Where notice of a motion is required, section 25-910 tells a party exactly what that notice must say. It must be in writing and state: the names of the parties to the action or proceeding, the name of the court or judge before whom the motion is to be made, the place and day it will be heard, the nature and terms of the order or orders being applied for, and, if affidavits will be used at the hearing, a statement of that fact.
The section does not set a fixed number of days for advance notice; it requires only that the notice be served a reasonable time before the hearing, leaving the specifics to the circumstances of the case.
These requirements exist to give the opposing party enough information to prepare — who is involved, what court will hear it, when and where, and what relief is being sought. Section 25-913 addresses a related but separate question for one particular type of motion: whether notice is required at all for a motion to strike a pleading or paper from the files.
Frequently Asked Questions
What must a written notice of motion include?
The names of the parties, the court or judge before whom it will be heard, the hearing’s time and place, the nature and terms of the order sought, and whether affidavits will be used.
How much advance notice does the other side need?
A reasonable time before the hearing; the statute does not fix a specific number of days.
Does every motion require written notice?
Section 25-910 addresses what is required where notice of a motion is required. Some motions, like those to strike under section 25-913, may be made with or without notice at the court’s direction.
Do I have to state that I’ll use affidavits at the hearing?
Yes, if affidavits will be used at the hearing, the notice must state that fact.
What happens if a notice omits one of the required items?
The statute does not spell out a specific remedy, but the required contents exist so the opposing party has enough information to prepare for the hearing.
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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