Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-301 (2026)

Real party in interest

✓ current as of July 2026
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Every action shall be prosecuted in the name of the real party in interest except as otherwise provided in section 25-304. An action shall not be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for joinder or substitution of the real party in interest. Joinder or substitution of the real party in interest shall have the same effect as if the action had been commenced by the real party in interest.

Notes of Decisions
Cited in 74 cases (14 in the last 5 years), 1946–2025 · leading case: Cattle Nat. Bank & Trust Co. v. Watson, 880 N.W.2d 906 (Neb. 2016).
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Cattle Nat. Bank & Trust Co. v. Watson, 880 N.W.2d 906 (Neb. 2016). · cites it 4× “The purpose of Neb. Rev. Stat. § 25-301 (Reissue 2008) is to prevent the prosecution of actions by persons who have no right, title, or interest in the cause.”
LeRette v. Howard, 300 Neb. 128 (Neb. 2018). · cites it 5× “Indeed, Neb. Rev. Stat. § 25-301 (Reissue 2016) requires that except as otherwise provided by statute, all cases are to be brought "in the name of the real party in interest.”
Jacobs Eng'g Grp. Inc. v. Conagra Foods, Inc., 301 Neb. 38 (Neb. 2018). · cites it 2× “12 Neb. Rev. Stat. § 25-301 (Reissue 2016). 13 Cattle Nat.”
Orr v. Knowles, 337 N.W.2d 699 (Neb. 1983). · cites it 8× “Neb. Rev. Stat. § 25-301 (Reissue 1979) states: “Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 25-304.”
Baumgart v. O'Sullivan (In Re Est. of Karmazin), 299 Neb. 315 (Neb. 2018). · cites it 2× “27 Neb. Rev. Stat. § 25-301 (Reissue 2016). 28 See Fisher v.”
Archer v. Musick, 25 N.W.2d 908 (Neb. 1947). · cites it 6× “They are sections 25-301, 25-303, 25-304, 25-701, and 25-702, R.”
W. Ethanol Co. v. Midwest Renewable Energy, 305 Neb. 1 (Neb. 2020). · cites it 2× “49 Neb. Rev. Stat. § 25-301 (Reissue 2016). 50 Hawley v.”
Valley Boys v. Am. Fam. Ins. Co., 306 Neb. 928 (Neb. 2020). · cites it 2× “” 27 The party opposing the motion must then offer affidavits or other relevant evidence to support its burden of establishing subject matter jurisdiction.”
Walker v. Probandt, 29 Neb. Ct. App. 704 (Neb. Ct. App. 2021). · cites it 6× “There is no subject matter jurisdiction without the assignee, P-Skyline, prosecuting the claim as is mandated by Neb. Rev. Stat. § 25-301 .” Brief for appellant at 16.”
Millard Gutter Co. v. Shelter Mut. Ins. Co., 312 Neb. 606 (Neb. 2022). · cites it 6× “The purpose of Nebraska’s real party in interest statute, Neb. Rev. Stat. § 25-301 (Reissue 2016), is to prevent the prosecution of actions by persons who have no right, title, or interest in the cause.”
Midwest Renewable Energy v. Am. Engr. Testing, 296 Neb. 73 (Neb. 2017). · cites it 2× “See, also, Neb. Rev. Stat. § 25-301 (Reissue 2016). 46 Ryder Truck Rental v.”
Malousek v. Meyer, 309 Neb. 803 (Neb. 2021). · cites it 3× “Even if the district court should have dismissed claims governed by In re Estate of Hedke to the extent Molly’s children alone were attempting to assert them, the fact that claims are initially asserted by the wrong party does not require the immediate, permanent dismissal of…”
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