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

Neb. Rev. Stat. § 25-309 (2026)

Suit against infant; guardian for suit; when appointed; exception

✓ current as of July 2026
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Except as provided by the Nebraska Probate Code and section 43-104.05, the defense of an infant must be by a guardian for the suit, who may be appointed by the court in which the action is prosecuted, or by a judge thereof, or by a county judge. The appointment cannot be made until after service of the summons in the action as directed by this code.

Notes of Decisions
Cited in 7 cases, 1962–2000 · leading case: Gernstein v. Lake, 610 N.W.2d 714 (Neb. 2000).
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Gernstein v. Lake, 610 N.W.2d 714 (Neb. 2000). · cites it 2× “If any expected adverse party is a minor or incompetent the provisions of Neb. Rev. Stat. § 25-309 (Reissue 1989) shall apply.”
McClain v. Douglas Ex Rel. State, 318 N.W.2d 867 (Neb. 1982). · cites it 2× “Not cited by McClain is Neb. Rev. Stat. §25-309 (Reissue 1979), which provides, in part, that except as provided by the Nebraska Probate Code, the defense of an infant must be by a guardian for the suit, “who may be appointed by the court in which the action is prosecuted, or by…”
Marsh v. Marsh, 113 N.W.2d 323 (Neb. 1962). · cites it 2× “Now with reference to the amendatory pleadings naming new parties defendant it was proper to appoint for them a guardian ad litem.”
Peterson Ex Rel. Peterson v. Skiles, 113 N.W.2d 628 (Neb. 1962). “Subsequent to the trial of the case the guardian ad litem applied to the court for compensation to be taxed as costs in the action.”
Omey v. Stauffer, 117 N.W.2d 481 (Neb. 1962). “§ 25-309, R. R. S. 1943. It is the duty of every attorney to act as the guardian of an infant defendant when appointed by the court and as such he is entitled to such compensation as the court shall deem reasonable.”
Lockenour ex rel. Dorothy v. Sculley ex rel. Sculley, 592 N.W.2d 161 (Neb. Ct. App. 1999). · cites it 2× “Sculley cites to Neb. Rev. Stat. § 25-309 (Reissue 1995), which states in part: “Except as provided by the Nebraska Probate Code, the defense of an infant must be by a guardian for the suit, who may be appointed by the court in which the action is prosecuted, or by a judge…”
Lockenour v. Sculley by Sculley, 592 N.W.2d 161 (Neb. Ct. App. 1999). · cites it 2× “Although we reverse on the basis that there was no verbatim record, we briefly touch upon Sculley's argument that the district court erred in entering a protection order against a minor without appointing a guardian for the suit.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.