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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 980
Introduced by Bosn, 25.
Read first time January 12, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to the Uniform Residential Landlord and Tenant1
Act; to amend sections 76-1415, 76-1442, and 76-1446, Reissue2
Revised Statutes of Nebraska; to provide for waivers of the right to3
a jury trial in actions for possession; to change provisions4
relating to summonses in such actions; to provide for summary5
judgment, expedited proceedings, and awards of court costs and6
attorney's fees in such actions; to harmonize provisions; and to7
repeal the original sections. 8
Be it enacted by the people of the State of Nebraska,9
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Section 1. Section 76-1415, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
76-1415 (1) No rental agreement may provide that the tenant:3
(a) Agrees to waive or to forego rights or remedies under the4
Uniform Residential Landlord and Tenant Act , except that parties may5
agree to waive the right to a jury trial in an action for possession;6
(b) Authorizes any person to confess judgment on a claim arising out7
of the rental agreement; 8
(c) Agrees to pay the landlord's or tenant's attorney's fees; or9
(d) Agrees to the exculpation or limitation of any liability of the10
landlord arising due to active and actionable negligence of the landlord11
or to indemnify the landlord for that liability arising due to active and12
actionable negligence or the costs connected therewith.13
(2) A provision prohibited by subsection (1) of this section14
included in a rental agreement is unenforceable. If a landlord15
deliberately uses a rental agreement containing provisions known by him16
or her to be prohibited, the tenant may recover actual damages sustained17
by him or her and reasonable attorney's fees. 18
Sec. 2. Section 76-1442, Reissue Revised Statutes of Nebraska, is19
amended to read: 20
76-1442 (1) The summons shall be issued and directed, with a copy of21
the complaint attached thereto, and shall state: 22
(a) The the cause of the complaint, the time and place of trial of23
the action for possession, and the answer day for other causes of24
action; , 25
(b) Notice and notice that if the defendant fails to appear ,26
judgment shall be entered against him or her; . 27
(c) Notice that the defendant has the right to demand a jury trial28
if the defendant has not waived such right in the rental agreement; and29
(d) Notice that if the trial is by jury, the prevailing party may30
recover court costs and reasonable attorney's fees.31
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(2) The summons may be served and returned as in other cases or by1
any person, except that the summons shall be served within three days,2
excluding nonjudicial days, from the date of issuance and shall be3
returnable within five days, excluding nonjudicial days, from the date of4
issuance. The person making the service shall file with the court an5
affidavit stating with particularity the manner in which he or she made6
the service. If diligent efforts have been made to serve the summons in7
the manner provided in sections 25-505.01 to 25-516.01 but such efforts8
were unsuccessful, the summons may be served in the manner provided in9
section 76-1442.01. 10
Sec. 3. Section 76-1446, Reissue Revised Statutes of Nebraska, is11
amended to read: 12
76-1446 (1) The proceedings for an action for possession shall be in13
all respects as in other cases, except that: 14
(a) If the action will be tried by the court without a jury, the15
trial shall be held not less than ten nor more than fourteen days after16
the issuance of the summons; or 17
(b) If the action will be tried by a jury, the trial shall be18
scheduled by the court as soon as is practicable for the proper19
administration of justice. If the defendant requests a continuance of a20
jury trial beyond the initial trial date as determined by the court, the21
court may require the defendant to deposit with the clerk of the court22
such rental payments as accrue during the pendency of the suit.23
(2)(a) Either party may move for summary judgment, identifying each24
claim or defense, or the part of each claim or defense, on which summary25
judgment is sought. The court shall grant summary judgment if the movant26
shows that there is no genuine dispute as to any material fact and the27
movant is entitled to judgment as a matter of law.28
(b) A party may file a motion for summary judgment at any time,29
including upon filing the complaint or answer. The motion for summary30
judgment shall include any documentation described in subdivision (2)(c)31
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of this section showing that there is no genuine dispute as to any1
material fact. 2
(c) A party asserting that a fact cannot be or is genuinely disputed3
must support the assertion by: 4
(i) Citing to particular parts of materials in the record, including5
depositions, documents, electronically stored information, affidavits or6
declarations, stipulations (including those made for purposes of the7
motion only), admissions, interrogatory answers, or other materials; or8
(ii) Showing that the materials cited do not establish the absence9
or presence of a genuine dispute, or that an adverse party cannot produce10
admissible evidence to support the fact. 11
(d) If a party fails to properly support an assertion of fact or12
fails to properly address another party's assertion of fact, the court13
may: 14
(i) Give an opportunity to properly support or address the fact;15
(ii) Consider the fact undisputed for purposes of the motion;16
(iii) Grant summary judgment if the motion and supporting materials17
show that the movant is entitled to it; or 18
(iv) Issue any other appropriate order. 19
(e) If satisfied that an affidavit or declaration under this20
subsection is submitted in bad faith or solely for delay, the court,21
after notice and a reasonable time to respond, may order the submitting22
party to pay the other party the court costs and reasonable attorney's23
fees incurred as a result. An offending party or attorney may also be24
held in contempt or subjected to other appropriate sanctions.25
(3) A court may, after giving notice and a reasonable time to26
respond, consider summary judgment on its own after identifying for the27
parties material facts that may not be genuinely in dispute.28
(4) Trial of the action for possession shall be held not less than29
ten nor more than fourteen days after the issuance of the summons. The30
action shall be tried by the court without a jury. If the plaintiff31
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serves the summons in the manner provided in section 76-1442.01, the1
action shall proceed as other actions for possession except that a money2
judgment shall not be granted for the plaintiff. 3
(5) If judgment is rendered against the defendant for the4
restitution of the premises, the court (a) shall declare the forfeiture5
of the rental agreement , and (b) shall, at the request of the plaintiff6
or his or her attorney, issue a writ of restitution, directing the7
constable or sheriff to restore possession of the premises to the8
plaintiff on a specified date not more than ten days after issuance of9
the writ of restitution. 10
(6) The plaintiff shall comply with the Disposition of Personal11
Property Landlord and Tenant Act and subsection (5) of section 76-1414 in12
the removal of personal property remaining on the premises at the time13
possession of the premises is restored. 14
(7) In an action tried by a jury, the court may award the prevailing15
party court costs and reasonable attorney's fees. 16
Sec. 4. Original sections 76-1415, 76-1442, and 76-1446, Reissue17
Revised Statutes of Nebraska, are repealed. 18
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