Nebraska Supreme Court March 29, 2002, S-00-872 (Salkin v. Jacobsen)

Stephan, J.

Neb. Rev. Stat. § 25-824 (Reissue 1995) authorizes a court, on its own motion or that of a party, to order a party or attorney who asserts a frivolous or bad faith claim or defense in a civil action to pay the opposing party’s reasonable attorney fees and court costs. The statute does not however specify the time in which a motion for such an order must be made.