Neb. Rev. Stat. § 76-1401 et seq. § 76-1446
Trial; judgment; limitation; writ of restitution; issuance.
Operative Text
Trial of the action for possession shall be held not less than ten nor more than fourteen days after the issuance of the summons. The action shall be tried by the court without a jury. If the plaintiff serves the summons in the manner provided in section 76-1442.01 , the action shall proceed as other actions for possession except that a money judgment shall not be granted for the plaintiff. If judgment is rendered against the defendant for the restitution of the premises, the court shall declare the forfeiture of the rental agreement, and shall, at the request of the plaintiff or his or her attorney, issue a writ of restitution, directing the constable or sheriff to restore possession of the premises to the plaintiff on a specified date not more than ten days after issuance of the writ of restitution. The plaintiff shall comply with the Disposition of Personal Property Landlord and Tenant Act and subsection (5) of section 76-1414 in the removal of personal property remaining on the premises at the time possession of the premises is restored.
Nebraska Revised Statute § 76-1446 governs the timeline and procedure for eviction trials in the state. A possession hearing must be scheduled no sooner than ten days and no later than fourteen days after the summons is issued, and the case is decided by a judge rather than a jury. If the court rules in the landlord's favor, it declares the rental agreement forfeited and may issue a writ of restitution directing a constable or sheriff to return possession of the property to the landlord within ten days. Any personal property left behind by the tenant must be handled according to the Disposition of Personal Property Landlord and Tenant Act and the relevant provisions of § 76-1414.
Plain English — not legal advice.
Under § 76-1446, a compliant operator understands that an eviction trial will be scheduled within a narrow ten-to-fourteen-day window after summons issuance, leaving little time to prepare documentation and evidence. If the court grants a writ of restitution, the landlord or their attorney must formally request it, and a constable or sheriff will be directed to restore possession on a court-specified date. Operators also ensure that any personal property remaining on the premises after possession is restored is handled strictly in accordance with the Disposition of Personal Property Landlord and Tenant Act and § 76-1414(5), as failure to follow those rules can create additional legal exposure.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Nebraska Revised Statute § 76-1446 establishes that an eviction hearing will occur within ten to fourteen days of summons issuance, giving tenants a limited but defined window to prepare a response or gather documentation. The case is heard by a judge without a jury, and if the landlord used an alternative service method under § 76-1442.01, no money judgment can be entered against the tenant in that proceeding. Tenants who believe the eviction is improper may wish to consult a tenant-rights organization or legal aid provider before the hearing date, and should be aware that even after a writ of restitution is issued, the landlord remains legally obligated to follow specific procedures regarding any personal property left on the premises.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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Rules and statutes cited by this regulation
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Rules and statutes that cite this regulation