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

Neb. Rev. Stat. § 25-323 (2026)

Necessary parties; brought into suit

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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The court may determine any controversy between parties before it when it can be done without prejudice to the rights of others or by saving their rights; but when a determination of the controversy cannot be had without the presence of other parties, the court shall order them to be brought in.

Notes of Decisions
Cited in 57 cases (12 in the last 5 years), 1946–2024 · leading case: Davis v. Moats, 956 N.W.2d 682 (Neb. 2021).
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Davis v. Moats, 956 N.W.2d 682 (Neb. 2021). · cites it 4× “In doing so, we noted that while, historically, this court has treated necessary parties the same as indispensable parties, the traditional definition of an indispensable party contained in the second clause of § 25-323 applies only to indispensable parties, not to necessary…”
Midwest Renewable Energy v. Am. Engr. Testing, 894 N.W.2d 221 (Neb. 2017). · cites it 8× “Neb. Rev. Stat. § 25-323 (Reissue 2016) makes it the court’s duty to require an indispensable party be added to the litigation sua sponte when one is absent and statutorily deprives a court of the author- ity to determine a controversy absent all indispensable parties.”
Williams v. Williams, 975 N.W.2d 523 (Neb. 2022). · cites it 17× “When an indispensable party is absent, the court has a duty under Neb. Rev. Stat. § 25-323 (Reissue 2016) to require that the indispensable party be brought into the action.”
Pan v. IOC Realty Specialist Inc., 918 N.W.2d 273 (Neb. 2018). · cites it 3× “29 Neb. Rev. Stat. § 25-323 (Reissue 2016) codifies the concept of compulsory joinder in Nebraska, stating in relevant part: The court may determine any controversy between parties before it when it can be done without prejudice to the rights of others or by saving their rights;…”
Pestal v. Malone, 750 N.W.2d 350 (Neb. 2008). · cites it 6× “" Section 25-323 provides, inter alia, as follows: The court may determine any controversy between parties before it when it can be done without prejudice to the rights of others or by saving their rights; but when a determination of the controversy cannot be had without the…”
TNT Cattle Co. v. Fife, 937 N.W.2d 811 (Neb. 2020). · cites it 6× “Rev. Stat. § 25-323 (Reissue 2016) deprives a court of the authority to determine a controversy absent all indispensable parties and cannot be waived.”
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019). · cites it 6× “When a lower court lacks the power, that is, the subject matter jurisdiction, to adjudicate the merits of a claim, issue, or question, an appellate court also lacks the power to determine the merits of the claim, issue, or question presented to the lower court. Id. When it…”
Ruzicka v. Ruzicka, 635 N.W.2d 528 (Neb. 2001). · cites it 2× “See, also, Neb. Rev. Stat. § 25-323 (Reissue 1995). All nine residual devisees were immediately vested with title to the residuary real estate upon Robert’s death.”
Spear T Ranch, Inc. v. Knaub, 691 N.W.2d 116 (Neb. 2005). · cites it 2× “See, Neb. Rev. Stat. § 25-323 (Cum. Supp. 2004); Robertson v.”
Reed v. Reed, 763 N.W.2d 686 (Neb. 2009). · cites it 2× “[13] Neb. Rev. Stat. § 25-323 (Reissue 2008). [14] See Pestal, supra note 12 .”
W. Ethanol Co. v. Midwest Renewable Energy, 938 N.W.2d 329 (Neb. 2020). · cites it 2× “” Having determined that Vind is the real party in interest and has the right to execute the judgment, and in consideration of the court’s authority to add a party to a proceeding at any time, we find no abuse of discretion by the court in accepting Vind’s appearance in this…”
Holste v. Burlington N. R.R., 592 N.W.2d 894 (Neb. 1999). · cites it 2× “Neb. Rev. Stat. § 25-323 (Reissue 1995) states in part: The court may determine any controversy between parties before it when it can be done without prejudice to the rights of others or by saving their rights; but when a determination of the controversy cannot be had without…”
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