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

Neb. Rev. Stat. § 25-307 (2026)

Suit by infant, guardian, or next friend; exception; substitution by court

✓ current as of July 2026
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Except as provided by the Nebraska Probate Code, section 43-104.05, and sections 43-4801 to 43-4812, the action of an infant shall be commenced, maintained, and prosecuted by his or her guardian or next friend. Such actions may be dismissed with or without prejudice by the guardian or next friend only with approval of the court. When the action is commenced by his or her next friend, the court has power to dismiss it, if it is not for the benefit of the infant, or to substitute the guardian of the infant, or any person, as the next friend. Any action taken pursuant to this section shall be binding upon the infant.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1952–2025 · leading case: Fincham Ex Rel. Fincham v. Mueller, 89 N.W.2d 137 (Neb. 1958).
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Fincham Ex Rel. Fincham v. Mueller, 89 N.W.2d 137 (Neb. 1958). · cites it 12× “336 , 1 N.W. 250 , we held: "In this state the action of an infant must be brought by his guardian or next friend, who alone is liable for the costs.”
MacKu by & Through MacKu v. Drackett Prod. Co., 343 N.W.2d 58 (Neb. 1984). · cites it 2× “Such recognition is contained in our present statute, Neb. Rev. Stat. § 25-307 (Reissue 1979): “Suit by infant, guardian, next friend .”
Charles A. Rogers, Conservator of the Est. of Frederick W. Pahlow, & United States of Am. v. Scott R. Bates, George Bates & Bernice Bates, 431 F.2d 16 (8th Cir. 1970). “Neb.Rev.Stat. § 25-307 (1964). Presumably, Pahlow, as one adjudicated mentally ill, continues to possess the power to sue in his own name.”
Goodwin v. HOBZA, 762 N.W.2d 623 (Neb. Ct. App. 2009). · cites it 2× “See Neb.Rev.Stat. § 25-307 (Reissue 2008). However, one who is not an attorney may not represent others in legal proceedings, nor may such a person practice law for others.”
Workman v. Workman, 95 N.W.2d 186 (Neb. 1959). “§ 25-307, R. R. S. 1943. The district court has authority to and it should appoint a guardian ad litem or permit their next friend to appear for unrepresented, interested infants.”
Doe Ex Rel. Peterson v. Exon, 416 F. Supp. 716 (D. Neb. 1975). · cites it 2× “Neb.Rev.Stat. § 25-307 (1964). Since we believe that Doe is likely to prevail on the merits at trial of this case and has shown the possibility of irreparable harm if relief is denied, and since that possibility outweighs the likelihood of harm to other interested parties or to…”
In Re Cass'guardianship, 54 N.W.2d 68 (Neb. 1952). “§§ 25-307, 25-309, 30-1603, R. R. S. 1943, § 38-114, R.”
McClain v. Douglas Ex Rel. State, 318 N.W.2d 867 (Neb. 1982). “The provisions of §§ 25-307 and 25-310, urged by McClain, relate solely to a minor ward, not a mentally incapacitated person.”
Shaul-Bolek v. Box Butte Gen. Hosp. (Neb. Ct. App. 2025). · cites it 3× “” The Nebraska Supreme Court has articulated that minors are “‘considered to be under a legal disability and are therefore unable to sue or be sued in their individual capacities; such persons are required to appear in court through a legal guardian, a “next friend,” or a…”
Richards v. McClure (Neb. 2015). · cites it 2× “In its order, the court determined that a parent can bring an action on behalf of his or her minor child pursuant to Neb. Rev. Stat. § 25-307 (Reissue 2008). The court stated that “[t]he issue here is whether a parent of a minor can secure a harassment protection order against…”
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