§ 25-2744.Discovery; expert; limitations; motion to modify.

Article 27: County Court Rules of Procedure and Probate Practice · Last amended 2020 · Last verified July 22, 2026

In one sentenceThe Expedited Act trims discovery to a lean default set — closing sixty days before trial, capping each side at ten interrogatories, ten requests for production, ten requests for admission, one deposition per party, two nonparty depositions, and one expert — unless the parties agree or the court allows more for good cause.

Full Text of § 25-2744

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(1) Except upon agreement of the parties or leave of court granted upon a showing of good cause, all discovery under the County Court Expedited Civil Actions Act must be completed no later than sixty days before trial.

(2) Except upon agreement of the parties or leave of court granted upon a showing of good cause, discovery under the act is subject to the following additional limitations:

(a) Each side shall serve no more than ten interrogatories on any other side;

(b) Each side shall serve no more than ten requests for production on any other side;

(c) Each side shall serve no more than ten requests for admission on any other side. This limit does not apply to requests for admission of the genuineness of documents that a party intends to offer into evidence at trial;

(d) One deposition of each party may be taken. With regard to corporations, partnerships, voluntary associations, or any other groups or entities named as a party, the entity or one officer, member, or employee of such entity may be deposed; and

(e) Each side may take the deposition of up to two nonparties.

(3) Each side is entitled to one expert, except upon agreement of the parties or leave of court granted upon a showing of good cause. A treating health care provider is counted as an expert for purposes of this subsection.

(4) A motion for leave of court to modify the limitations set forth in this section must be in writing and must set forth the proposed additional discovery or expert and the reasons establishing good cause.

End

Source

Laws 2020, LB912, § 4.

Plain-English Summary

Discovery under the Expedited Act runs on a shorter clock and a tighter budget than ordinary county court practice. Absent an agreement between the parties or leave of court on a showing of good cause, all discovery has to wrap up no later than sixty days before trial.

Within that window, the Act sets specific caps, again subject to agreement or good cause: each side may serve no more than ten interrogatories, ten requests for production, and ten requests for admission on any other side, though the ten-request-for-admission limit does not reach requests asking a party to admit a document’s genuineness when that party intends to offer it at trial. Each side gets one deposition per party — for a corporation, partnership, association, or other entity, that means the entity itself or one of its officers, members, or employees — plus up to two nonparty depositions. Each side is entitled to one expert, and a treating health care provider counts toward that one-expert limit.

A party who wants more than these defaults has to move for leave of court in writing, spelling out the specific additional discovery or expert sought and the reasons establishing good cause.

Frequently Asked Questions

How many interrogatories can I send the other side in an expedited case?

No more than ten per side, absent an agreement between the parties or leave of court for good cause.

Can I depose more than one person connected to the opposing party?

Generally one deposition per party, though for an entity that can mean the entity itself or one officer, member, or employee, plus up to two nonparty depositions per side.

Am I limited to one expert witness under the Expedited Act?

Yes, each side is entitled to one expert absent agreement or a court order allowing more for good cause.

Does my treating doctor count against my one-expert limit?

Yes. A treating health care provider counts as an expert for purposes of this limit.

When does discovery have to be finished before trial in an expedited case?

No later than sixty days before trial, absent agreement of the parties or leave of court for good cause.

How do I ask the court for more discovery than the Act allows by default?

File a written motion setting out the additional discovery or expert you propose and the reasons that establish good cause for it.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source

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