Legal Memorandum: Tolling of the Time to File an Appeal

Issue: Under Nebraska law, may the time in which a party has to file for an appeal be tolled?

Area of Law: Litigation & Procedure
Keywords: Filing an appeal; Tolling of time
Jurisdiction: Nebraska
Cited Cases: 694 N.W.2d 832; 267 Neb. 997; 267 Neb. 116; 576 N.W. 2d 185; 672 N.W.2d 426; 679 N.W.2d 235
Cited Statutes: Neb. Rev. Stat. § 25-1912 (3), § 25-1329
Date: 10/01/2007

With regard to the question of the tolling of the time in which to bring an appeal, the circumstances that allow the time for an appeal to be tolled are set out in Neb. Rev. Stat. § 25-1912 (3):  a timely motion for a new trial; a timely motion to alter or amend a judgment under § 25-1329; or a timely motion to set aside the verdict or judgment.  The statute does not authorize a tolling of time for any other type of motion or proceeding.  Motions brought pursuant to a court’s inherent authority to amend a judgment are not included in the list.  In fact, in a case brought before the enactment of § 25-1239, the Nebraska Supreme Court held that

[a] motion for reconsideration does not toll the time for appeal and is considered nothing more than an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.


Bechtold v. Gomez, 254 Neb. 282, 288, 576 N.W. 2d 185, 189 (1998).  The critical factor for determining whether a motion is brought pursuant to § 25-1329, and thus tolls the appeal […]

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