Article 11: Nebraska Court Rules of Pleading in Civil Cases. (Effective January 1, 2025.) · Last amended September 3, 2025 · Last verified July 22, 2026
This section prints two full, separately-dated versions in the official compilation (the January 1, 2025 discovery/pleading rewrite); both are shown below, current version first.
Current version (effective January 1, 2025)
Rule 7(a) amended May 19, 2004. Renumbered and codified as § 6-1107, effective July 18, 2008; § 6-1107 amended November 13, 2024, effective January 1, 2025; § 6-1107 amended September 3, 2025.
Prior version (in effect before January 1, 2025)
Rule 7(a) amended May 19, 2004. Renumbered and codified as § 6-1107, effective July 18, 2008.
Current version (effective January 1, 2025)
COMMENTS TO § 6-1107 [1] Subpart (a) lists the pleadings that are permissible in a civil action. The initial pleading is a complaint. The statute that authorized the promulgation of the pleading rules states that the “plaintiff’s initial pleading shall be a petition when that designation is provided elsewhere by statutes. In all other civil actions the plaintiff’s initial pleading shall be a complaint.” Neb. Rev. Stat. § 25-801.01. At the time that the statute was enacted, family law actions (e.g., dissolution, support, and paternity actions) were the primary actions in which the initial pleading was statutorily designated as a petition. In 2004, however, the statutes governing those types of actions were amended to substitute “complaint” for “petition.” See 2004 Neb. Laws 804-22 (L.B. 1207). [2] There are nevertheless civil proceedings in which the initial pleading is not a complaint. For example, the initial pleading in an action for postconviction relief is a verified motion (Neb. Rev. Stat. § 29-3001). There are also numerous proceedings in which the initial pleading is a petition. Those proceedings include petition in error proceedings (Neb. Rev. Stat. § 25-1903), probate proceedings (Neb. Rev. Stat. § 30-2209), protection order proceedings (Neb. Rev. Stat. § 42-924), adoption proceedings (Neb. Rev. Stat. § 43-102), juvenile court proceedings (Neb. Rev. Stat. § 43-261), workers’ compensation proceedings (Neb. Rev. Stat. § 48-173), Commission of Industrial Relations proceedings (Neb. Rev. Stat. § 48-811), mental health commitment proceedings (Neb. Rev. Stat. § 71-921), and administrative review proceedings (Neb. Rev. Stat. § 84-917). [3] Prior to 2024, the list of permissible pleadings in subpart (a) included the responsive pleadings to counterclaims and cross-claims – but did not include counterclaims and cross-claims themselves. The reason is that counterclaims and cross-claims are included in the answer, rather than in a separate pleading. The rule, however, did not expressly state that. In 2024, subpart (a) was amended to add an express statement that both types of claims are permissible pleadings but that both are included in the answer, rather than in a separate pleading. [4] Historically, the title of the responsive pleading to a counterclaim was “reply,” rather than “answer.” The 2024 Amendments changed the title to “answer.” [5] Prior to 2024, subpart (b) had a title (“Motions and Other Papers”) but did not have any text. It simply read “Reserved.” The 2024 Amendments added three subparts that are designed to help parties determine the format they should use when drafting motions brought under the Court Rules of Pleading in Civil Actions. [6] Subpart (b)(1) identifies the contents of a motion’s caption. It is modeled on § 6-1110(a), the rule that addresses the caption of pleadings. Subpart (b)(2) addresses the format of motions through a cross-reference to § 2-103(A), the rule that sets the standard format for all documents, including motions. Subpart (b)(3) contains a cross-reference to § 25-910, the statute that addresses notice of a motion. Subpart(b)(3) also contains a reminder that motions authorized by statute must comply with the authorizing statute.
Prior version (in effect before January 1, 2025)
COMMENT The initial pleading will be a petition when that designation is provided by statute. See § 25-801.01(2)(b). A partial list of the proceedings in which the initial pleading is a "petition" includes a petition in error (see § 25- 1903), probate procedure (see § 30-2209), protection from domestic abuse (see § 42-924), adoption (see § 43- 102), actions under the juvenile code (see § 43-245 et seq.), workers’ compensation actions (see § 48-173), Commission of Industrial Relations actions (see § 48-811), mental health commitments (see § 83-1001 et seq.), and judicial review of administrative action (see § 84-917). The initial pleading in an action for postconviction relief by a prisoner is a "verified motion" (see § 29-3001). A separate rules defines the extent to which an action for grandparent visitation is governed by these rules (see § 43-1803 and the Rules adopted by the Supreme Court pursuant thereto). (b) Motions and Other Papers. [Reserved] COMMENT Motion practice is governed by Chapter 25, Article 9(d). (c) Demurrers, Pleas, Etc., Abolished. [Reserved] COMMENT See § 25-801.01(2)(c).
Section 6-1107(a) keeps the list of allowed pleadings short: a complaint, an answer, a counterclaim or cross-claim (which must appear inside the answer rather than as its own document), an answer to a counterclaim or cross-claim, a third-party complaint and answer, and — only if the court orders one — a reply to an answer. Nothing else counts as a pleading. Most civil cases start with a complaint, though several kinds of proceedings use a petition or another initial filing instead, because a different statute designates it that way.
Subsection (b) turns to motions. A written motion needs a caption naming the court, the case, the file number if one exists, and the motion’s title; once the first party on each side is named, later references to other parties can be general. Motions must follow the standard document format set out in Section 2-103(A). And if a statute authorizes a particular kind of motion, the motion has to satisfy whatever that statute requires, including any notice requirement under Neb. Rev. Stat. § 25-910.
The 2025 amendments made two changes worth noting. They clarified that counterclaims and cross-claims are themselves permissible pleadings, even though both get stated inside the answer rather than filed separately — earlier versions of the rule listed only the responses to those claims. And they renamed the response to a counterclaim from “reply” to “answer,” matching how the rest of the rule uses that term. Subsection (b) is entirely new; the prior version reserved that space without any text.
Only a complaint, an answer, a counterclaim or cross-claim (stated within the answer), an answer to a counterclaim or cross-claim, a third-party complaint, a third-party answer, and — if the court orders it — a reply to an answer.
No. A counterclaim or cross-claim must be stated in the answer rather than filed as a separate pleading.
Most civil actions start with a complaint. Some proceedings, such as postconviction relief, probate, protection orders, and workers’ compensation cases, use a petition or a verified motion instead, because a specific statute calls for that filing.
The name of the court, the title of the action, the file number if one has been assigned, and the title of the motion. After the first party on each side is named, later filings can refer to other parties in general terms.
Yes. Motions filed with the court must follow the standard format in Section 2-103(A), and if a statute authorizes the motion, the motion also has to meet that statute’s requirements.
Before 2025, the response to a counterclaim was titled a “reply.” The rule now calls it an “answer” to match how the rest of the pleading rules use that term.