§ 25-201.01 Civil actions; savings clause; conditions

Codes > Nebraska Revised Statutes > Chapter 25 > Article 2 > 25-201.01 Civil

25-201.01. Civil actions; savings clause; conditions

    (1) If an action is commenced within the time prescribed by the applicable statute of limitations but the plaintiff fails in the action for a reason other than a reason specified in subsection (2) of this section and the applicable statute of limitations would prevent  the plaintiff from commencing a new action, the plaintiff, or his or her representatives if the plaintiff has died  and the cause of action survived, may commence a new action within the period specified in subsection (3) of this section.

    (2) A new action may not be commenced in accordance with subsection (1) of this section when the original action failed (a) on the merits of the action, (b) as a result of voluntary dismissal by the plaintiff for a reason other than loss of diversity jurisdiction in a federal court, (c) as a result of the plaintiff's failure to serve a defendant within the time prescribed in section 25-217, or (d) as a result of any other inaction on the part of the plaintiff where the burden of initiating an action was on the plaintiff.

    (3) A new action may be commenced in accordance with subsection (1) of this section within a period equal to the lesser of (a) six months after the failure of the action or (b) a period after the failure of the action equal to the period of the applicable statute of limitations of the original action.