Motions to strike pleadings and papers from the files may be made with or without notice, as the court or judge shall direct.
§ 25-913.Motion to strike pleadings and papers from files; notice, when.
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 a court or judge decide whether a motion to strike a pleading or paper from the files requires notice to the other side.
Full Text of § 25-913
Source
R.S.1867, Code § 577, p. 495; R.S.1913, § 7729; C.S.1922, § 8673; C.S.1929, § 20-913; R.S.1943, § 25-913.
Plain-English Summary
Not every motion needs the full notice content section 25-910 requires. Section 25-913 carves out motions to strike pleadings and papers from the files: they may be made with or without notice, as the court or judge shall direct.
That leaves the call to the court’s discretion rather than fixing a rule one way or the other. A court can require notice for a motion to strike where fairness calls for it, or dispense with notice for a filing that is plainly improper and does not warrant the delay of a full notice-and-hearing process.
This section works alongside, not against, section 25-910: that section governs the contents of notice where notice is required, while this section addresses whether notice is required at all for this particular type of motion.
Frequently Asked Questions
Do I have to give the other side notice before moving to strike a pleading?
Not necessarily. The court or judge decides whether notice is required for a motion to strike a pleading or paper from the files.
What can be removed through a motion to strike under this section?
Pleadings and papers from the files.
Does this override the notice-of-motion requirements in section 25-910?
No. Section 25-910 governs the contents of notice where notice is required; section 25-913 addresses whether notice is required at all for this type of motion, leaving that call to the court.
Who decides whether notice is needed for a motion to strike?
The court or judge.
Why would a court allow a motion to strike without notice?
The section gives courts discretion, which is useful for handling clearly improper filings without the delay of a full notice process.
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
Also known as: motion to strike pleading nebraskastrike papers from files nebraska25-913 motion to strikenotice required to strike pleading nebraska