Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.
Neb. Rev. Stat. § 25-1335
Party unable to justify opposition by affidavit; refusal of order; continuance
Applied in 17 court decisions — leading case Wachtel by and Through Wachtel v. Beer (1988)
Most recently applied in Noel v. Pathology Med. Servs. (October 2025)
Laws 1951, c. 65, § 6, p. 200.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.