Appealing or Setting Aside A County Court Civil or Small Claims Judgment

Appealing or Setting Aside A County Court Civil or Small Claims Judgment

An Attorney can help you if you have any questions about your case or the appeal process.

Facts About Filing an Appeal in a County Court Civil or Small Claims Case in Nebraska

  • If either party is dissatisfied with the decision of the court, the case can be appealed. An appeal must be filed within 30 days after the entry of judgment.
  • The district court judge will make a decision on the appeal by reviewing the record of the county court case.
  • If you are filing an appeal without a lawyer, you must complete all the necessary forms on your own.
  • You must pay the costs of the appeal. If you are financially unable to do so, you may request that the court waive payment of those filing fees. This is referred to as proceeding in forma pauperis. This is a link to the forms. At the close of the case, costs are generally charged against the losing party.

Forms and Filing

The appealing party must complete the following within 30 days after the day the judge signs the judgment.

  • file a Notice of Appeal (CC 9:2) with the clerk of the county court;
  • pay the clerk of the county court the docket fee for filing cases in the district court;
  • file a Request for Transcript(CC 9:6) and
  • file a Request for Bill of Exceptions(CC 9:7) 
  • pay the deposit to have the record of the county court hearing transcribed and all the filings in the county court case copied for filing with the clerk of district court.
  • if this is a Small Claims case, file an Appeal Bond (CC 9:3) and deposit with the clerk of the county court a cash bond or a surety vond approved by the court in the amount of $50.00

Collection of the judgment is not automatically delayed by filing an appeal. To put collection proceedings on hold until the appeal is heard, the person who appeals can file a Supersedeas Bond (CC 9:4) with the clerk of the county court within 30 days after the entry of judgment. In cases involving a money judgment, the supersedeas bond must be in the amount of the judgment, plus costs and estimated interest. In cases involving a judgment for personal property, the bond shall be in an amount at least double the value of the property. If no supersedeas bond is filed, the party who won in small claims may start the collection process as soon as the judgment is entered, even though an appeal is pending.

The district court judge will make a decision on the appeal by reviewing the record of the county court case.  No new evidence or witnesses may be submitted.  Both sides may choose to be represented by an attorney during the entire appeal process. If you choose not to be represented by an attorney, you should contact the clerk of the district court about 2 weeks after the appeal is filed to determine what you need to do to pursue your appeal in the district court.

Facts About Requesting to Set Aside, Modify or Vacate a Small Claims Judgment

A default judgment is a judgment entered when one party does not appear or otherwise respond to a court order. If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC 4:9) with the county court instead of filing an appeal.
The motion must be filed within 30 days after the entry of judgment.
You may be represented by an attorney for the purpose of filing a Motion to Set Aside, Modify or Vacate a judgment with the county court.

If you are filing a motion without a lawyer, you must complete the necessary filing (CC 4:9) on your own.