§ 25-915.Orders out of court; record.
Article 9: Offer of Judgment, Submission of Controversies, Confession of Judgment, and Motions · Last amended 2018 · Last verified July 22, 2026
Full Text of § 25-915
Source
R.S.1867, Code § 579, p. 495; R.S.1913, § 7731; C.S.1922, § 8675; C.S.1929, § 20-915; R.S.1943, § 25-915; Laws 2018, LB193, § 11.
Plain-English Summary
A judge acting in vacation, as section 25-908 contemplates, can still rule on motions and issue orders. Section 25-915 makes sure those out-of-court orders do not fall through the cracks of the official record. Orders made out of court shall be forthwith entered by the clerk in the record of the court in the same manner as orders made in term.
The requirement that entry happen “forthwith” means the clerk must record the order promptly, without unnecessary delay, so a party or later court can rely on and locate it. The section treats an out-of-court order no differently from one made during a formal session — both go into the same record, in the same way.
Read together with section 25-914’s definition of an order, this section closes the loop: whatever a judge directs in writing, whether in session or in vacation, ends up preserved in the court’s official record.
Frequently Asked Questions
Does an order made outside a formal court session still get entered into the court record?
Yes. The clerk must enter it forthwith, the same way as an order made during a term.
What does “forthwith” mean for the clerk’s duty here?
The clerk must make the entry promptly, without unnecessary delay.
Why does this section matter if judges can act in vacation?
It makes sure that authority to issue orders outside formal sessions, which section 25-908 contemplates, does not leave those orders undocumented in the official record.
Is an out-of-court order treated differently from one made during a court term?
No. Section 25-915 requires it to be entered in the record in the same manner as an order made in term.
Who is responsible for recording these orders?
The clerk of the court.