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

Neb. Rev. Stat. § 25-323 (2026)

Necessary parties; brought into suit

✓ current as of July 2026
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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, 308 Neb. 757 (Neb. 2021).
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Davis v. Moats, 308 Neb. 757 (Neb. 2021). · cites it 4× “Neb. Rev. Stat. § 25-323 (Reissue 2016) 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…”
Midwest Renewable Energy v. Am. Engr. Testing, 296 Neb. 73 (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 indis- pensable party be brought into the action.”
Pan v. IOC Realty Specialist Inc., 301 Neb. 256 (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, 304 Neb. 890 (Neb. 2020). · cites it 6× “Neb. 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× “Neb. Rev. Stat. § 25-323 (Reissue 2016) is entitled “Necessary parties; brought into suit; procedure.”
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.”
Panhandle Collections v. Singh, 28 Neb. Ct. App. 924 (Neb. Ct. App. 2020). · cites it 12× “The language of Neb. Rev. Stat. § 25-323 (Reissue 2016) tracks the traditional distinction between the necessary and indispen­ sable parties.”
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, 305 Neb. 1 (Neb. 2020). · cites it 2× “70 As noted, Vind filed the praecipe for writ of execution in his own name as assignee and personally appeared without objection at the hearing on the motion to quash.”
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