Nebraska Revised Statutes

Neb. Rev. Stat. § 25-322 (2026)

Substitution of parties; death; disability; transfer of interest

✓ current as of July 2026

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An action does not abate by the death or other disability of a party, or by the transfer of any interest therein during its pendency, if the cause of action survives or continues. In the case of the death or other disability of a party, the court may allow the action to continue by or against his or her representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party or the court may allow the person to whom the transfer is made to be substituted in the action.

Notes of Decisions

Cited in 23 cases (7 in the last 5 years), 1945–2025 · leading case: Platte Valley Nat. Bank & Trust v. Lasen, 732 N.W.2d 347 (Neb. 2007).

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Platte Valley Nat. Bank & Trust v. Lasen, 732 N.W.2d 347 (Neb. 2007). · cites it 8× “2006) and in Neb.Rev.Stat. § 25-322 (Cum. Supp. 2006).”

In re Conservatorship of Franke, 875 N.W.2d 408 (Neb. 2016). · cites it 11× “Neb. Rev. Stat. § 25-322 (Reissue 2008) abrogates the common-law rule that all pending personal actions perma- nently abate on the death of a sole plaintiff or defendant, regardless of whether the cause of action on which it was based survived.”

Eli's, Inc. v. Lemen, 591 N.W.2d 543 (Neb. 1999). · cites it 6× “This issue is governed by Neb. Rev. Stat. § 25-322 (Reissue 1995), which provides: An action does not abate by the death or other disability of a party, or by the transfer of any interest therein during its pendency, if the cause of action survive or continue.”

Muller v. Weeder, 986 N.W.2d 38 (Neb. 2023). · cites it 6× “(a) Abatement and Survival of Actions The general rule is found in § 25-322, which states: “An action does not abate by the death .”

W. Ethanol Co. v. Midwest Renewable Energy, 305 Neb. 1 (Neb. 2020). · cites it 2× “§ 25-705 (5) (Reissue 2016) provides that “[p]arties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action .”

Fox v. Nick, 660 N.W.2d 881 (Neb. 2003). · cites it 3× “§§ 25-1403 to 25-1420 (Reissue 1995) and Neb. Rev. Stat. § 25-322 (Reissue 1995). Specifically, § 25-1411 provides: Upon the death of a defendant in an action, wherein the right, or any part thereof, survives against his personal representative, the revivor shall be against him;…”

Anderson v. Finkle, 296 Neb. 797 (Neb. 2017). · cites it 5× “Neb. Rev. Stat. § 25-322 (Reissue 2016) also provides: An action does not abate by the death or other dis- ability of a party, or by the transfer of any interest therein during its pendency, if the cause of action survives or continues.”

Walker v. Probandt, 29 Neb. Ct. App. 704 (Neb. Ct. App. 2021). · cites it 5× “The Supreme Court rejected the argument, holding that the issue was governed by Neb. Rev. Stat. § 25-322 (Reissue 1995). That statute then stated and continues to state in almost identical language: An action does not abate by the death or other dis- ability of a party, or by…”

Zook v. Zook, 978 N.W.2d 156 (Neb. 2022). · cites it 3× “Accordingly, we exercise our discretion to deny the request of Marshall’s wife and dismiss Marshall’s appeal.”

Exch. Elevator Co. v. Marshall, 22 N.W.2d 403 (Neb. 1946). · cites it 2× “However, section 25-322, R. S. 1943, provides: “An action does not abate by the death or other disability of a party, or by the transfer of any interest therein during its pendency, if the cause of action survive or continue.”

Bullock v. J.B., 725 N.W.2d 401 (Neb. 2006). · cites it 2× “Neb. Rev. Stat. § 25-322 (Reissue 1995) provides in relevant part that [a]n action does not abate by the death or other disability of a party, or by the transfer of any interest therein during its pendency, if the cause of action survives or continues.”

Johnson v. Antoniutti, 318 Neb. 465 (Neb. 2025). · cites it 3× “2024) (governing revivor of actions); Neb. Rev. Stat. § 25-322 (Reissue 2016) (governing substitution of parties).”

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