Every action shall be prosecuted in the name of the real party in interest except as otherwise provided in section 25-304 . An action shall not be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for joinder or substitution of the real party in interest. Joinder or substitution of the real party in interest shall have the same effect as if the action had been commenced by the real party in interest.
Neb. Rev. Stat. § 25-301
Real party in interest
Applied in 40 court decisions — leading case State on Behalf of Hopkins v. Batt (1998)
Most recently applied in Kimball v. Rosedale Ranch (August 2025)
R.S.1867, Code § 29, p. 398; R.S.1913, § 7582; C.S.1922, § 8525; C.S.1929, § 20-301; R.S.1943, § 25-301; Laws 1999, LB 48, § 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.