25-1144.01. New trial; motion; when filed; filing before entry of judgment; treatment.
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/ne/chapter-25/25-1144-01A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A motion for a new trial shall be filed no later than ten days after the entry of the judgment. A motion for a new trial filed after the announcement of a verdict or decision but before the entry of judgment shall be treated as filed after the entry of judgment and on the day thereof.
A motion for new trial filed after the court announced the jury verdict but before the entry of judgment is treated as filed after the entry of judgment and on the day thereof and is an effective terminating motion. Lindsay Internat. Sales & Serv. v. Wegener, 297 Neb. 788, 901 N.W.2d 278 (2017).
The trial court's unsigned journal entry that was sent to both parties was the court's announcement of its decision, and thus, the defendant's motion for new trial, which was filed after the court sent the unsigned journal entry to the parties but before the court entered the marital dissolution decree, was effective under this section. Despain v. Despain, 290 Neb. 32, 858 N.W.2d 566 (2015).
A motion for new trial must be filed within 10 days after an entry of judgment, which occurs when the clerk of the court places the file stamp and date upon the judgment, decree, or final order. Macke v. Pierce, 263 Neb. 868, 643 N.W.2d 673 (2002).