The proceedings to vacate or modify the judgment or order on the grounds mentioned in subsection (4) of section 25-2001 shall be by complaint, setting forth the judgment or order, the grounds to vacate or modify it, and the defense to the action, if the party applying was defendant. On such complaint a summons shall issue and be served as in the commencement of an action. Summons shall not issue in any case in which there is upon the minutes of the court, or among the files of the case, a waiver of error by the party or the party's attorney, unless the court or a judge thereof endorses upon the complaint permission to issue such summons.
Neb. Rev. Stat. § 25-2002
District court judgment; proceedings to vacate or modify; summons; waiver of error
Applied in 6 court decisions — leading case Aetna Casualty & Surety Co. v. Dickinson (1984)
Most recently applied in Jaksha v. Jaksha (June 2025)
R.S.1867, Code § 603, p. 501; R.S.1913, § 8208; C.S.1922, § 9161; C.S.1929, § 20-2002; R.S.1943, § 25-2002; Laws 2000, LB 921, § 18; Laws 2002, LB 876, § 28.
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.