Nebraska Revised Statutes

Neb. Rev. Stat. § 25-308 (2026)

Action by guardian, conservator, or next friend; liability for costs; security; witness

✓ current as of July 2026
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The guardian, conservator, or next friend is liable for the costs of the action brought by the guardian, conservator, or next friend, and when he or she is insolvent, the court may require security for the costs of the action. The guardian, conservator, or next friend may be a witness in an action brought by the guardian, conservator, or next friend.

Notes of Decisions
Cited in 4 cases, 1958–2020 · leading case: Fincham Ex Rel. Fincham v. Mueller, 89 N.W.2d 137 (Neb. 1958).
Fincham Ex Rel. Fincham v. Mueller, 89 N.W.2d 137 (Neb. 1958). · cites it 16× “" Section 25-308, R.R.S.1943, provides: "The guardian or the next friend is liable for the costs of the action brought by him, and, when he is insolvent, the court may require security for them.”
Peterson Ex Rel. Peterson v. Skiles, 113 N.W.2d 628 (Neb. 1962). · cites it 2× “The guardian or next friend is liable for the costs of an action brought by him, § 25-308, R. R. S. 1943. An action by an infant must be brought by his guardian or next friend, who alone is liable for costs.”
In Re Ogier's Est., 125 N.W.2d 68 (Neb. 1963). · cites it 2× “The executor relies in part on section 25-308, R. R. S. 1943, which provides: “The guardian or the next friend is liable for the costs of the action brought by him, and, when he is insolvent, the court may require security for them.”
M.M., through his next friend Erin Kirkland v. State of Alaska, Dep't of Admin., Off. of Pub. Advocacy, Leslie Ridle, in her Off. capacity as Comm'r of the Dep't of Admin., & Chad Holt, in his Off. capacity as Dir. of the Off. of Pub. Advocacy, 462 P.3d 539 (Alaska 2020). “”); Neb. Rev. Stat. § 25-308 (2019) (“The guardian, conservator, or next friend is liable for the costs of the action brought by the guardian, conservator, or next friend.”
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