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

Neb. Rev. Stat. § 25-301 (2026)

Real party in interest

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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, 912 N.W.2d 706 (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., 917 N.W.2d 435 (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), 908 N.W.2d 381 (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, 938 N.W.2d 329 (Neb. 2020). · cites it 2× “Under the circumstances presented here, we must take judicial notice of facts admitted by Midwest Renewable in the prior appeal which obviate the need for evidence of a written assignment to Vind.”
Valley Boys v. Am. Fam. Ins. Co., 947 N.W.2d 856 (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. 28 Where the trial court’s decision on subject matter jurisdiction is based on a factual challenge, the court’s factual…”
Walker v. Probandt, 958 N.W.2d 459 (Neb. Ct. App. 2021). · cites it 6× “924 , 949 N.W.2d 554 (2020). Lack of subject matter jurisdiction may be raised at any time by any party or by the court sua sponte.”
Millard Gutter Co. v. Shelter Mut. Ins. Co., 980 N.W.2d 420 (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, 894 N.W.2d 221 (Neb. 2017). · cites it 2× “See, also, Neb. Rev. Stat. § 25-301 (Reissue 2016). 46 Ryder Truck Rental v.”
SID No. 67 v. State, 961 N.W.2d 796 (Neb. 2021). · cites it 5× “Rev. Stat. § 25-301 (Reissue 2016) requires that subject to certain statutory exceptions, every action shall be prosecuted in the name of the real party in interest.”
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