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

Neb. Rev. Stat. § 25-328 (2026)

Intervention; right; procedure

✓ current as of July 2026
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Any person who has or claims an interest in the matter in litigation, in the success of either of the parties to an action, or against both, in any action pending or to be brought in any of the courts of the State of Nebraska, may become a party to an action between any other persons or corporations, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendants in resisting the claim of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant, either before or after issue has been joined in the action, and before the trial commences.

Notes of Decisions
Cited in 64 cases (4 in the last 5 years), 1945–2024 · leading case: In re Interest of Nizigiyimana R., 889 N.W.2d 362 (Neb. 2016).
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In re Interest of Nizigiyimana R., 889 N.W.2d 362 (Neb. 2016). · cites it 12× “Under Neb. Rev. Stat. § 25-328 (Reissue 2016), to be entitled to intervene in an action, a nonparty must show a direct and legal interest.”
Ruzicka v. Ruzicka, 635 N.W.2d 528 (Neb. 2001). · cites it 10× “Appellees contend that the case turns on whether the personal representative or an heir is the proper party to defend a quiet title action involving real property to which title was held by Robert at the time of his death.”
In re Adoption of Jaelyn B., 293 Neb. 917 (Neb. 2016). · cites it 4× “Under Neb. Rev. Stat. § 25-328 (Reissue 2008), to be entitled to intervene in an action, an intervenor must have a direct and legal interest.”
Kirchner v. Gast, 100 N.W.2d 65 (Neb. 1959). · cites it 16× “It presents its right to intervene under the provisions of section 25-328, R. R. S. 1943. Defendant here challenges the District’s right to cross-appeal under the provisions of sections 25-1912 and 25-1913, R.”
Brown v. Jacobsen Land & Cattle Co., 297 Neb. 541 (Neb. 2017). · cites it 9× “One who intervenes under Neb. Rev. Stat. § 25-328 (Reissue 2016) becomes a party to the litigation and has all the rights of a party.”
In Re Interest of Destiny S., 639 N.W.2d 400 (Neb. 2002). · cites it 4× “Generally, intervention in civil actions is governed by Neb.Rev.Stat. § 25-328 (Reissue 1995), which permits intervention by one "who has or claims an interest in the matter in litigation, in the success of either of the parties to an action, or against both.”
Streck, Inc. v. Ryan Fam., 297 Neb. 773 (Neb. 2017). · cites it 5× “§ 25-328 (Reissue 2016) provides: Any person who has or claims an interest in the mat- ter in litigation, in the success of either of the parties to an action, or against both, in any action pending or to be brought in any of the courts of the State of Nebraska, may become a…”
Wayne L. Ryan Revocable Trust v. Ryan, 297 Neb. 761 (Neb. 2017). · cites it 5× “They alleged a statutory right to intervene pursuant to Neb. Rev. Stat. § 25-328 (Reissue 2016). The intervenors’ complaint did not allege any issue with respect to the fair value of the RRT’s shares.”
Carroll v. Gould, 308 Neb. 12 (Neb. 2020). · cites it 5× “8 Neb. Rev. Stat. § 25-328 (Reissue 2016) elaborates that any person who claims an interest in the matter may become a party before trial commences: Any person who has or claims an interest in the mat- ter in litigation, in the success of either of the parties to an action, or…”
Douglas Cnty. Sch. Dist. 0001 v. Johanns, 694 N.W.2d 668 (Neb. 2005). · cites it 4× “Neb. Rev. Stat. § 25-328 (Cum. Supp. 2004).”
In re Interest of Nettie F., 887 N.W.2d 45 (Neb. 2016). · cites it 6× “We consid- ered their appeal under Neb. Rev. Stat. § 25-328 (Reissue 1995), which we later held serves as a guidepost for deciding whether a person can intervene in a juvenile proceeding.”
Lamar Co. of Nebraska, L.L.C. v. Omaha Zoning Bd. of Appeals, 713 N.W.2d 406 (Neb. 2006). · cites it 3× “2004), which provides: Any person who has or claims an interest in the matter in litigation, in the success of either of the parties to an action, or against both, in any action pending or to be brought in *477 any of the courts of the State of Nebraska, may become a party to an…”
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