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.
Neb. Rev. Stat. § 25-322
Substitution of parties; death; disability; transfer of interest
Applied in 12 court decisions — leading case Eli's, Inc. v. Lemen (1999)
Most recently applied in Johnson v. Antoniutti (February 2025)
R.S.1867, Code § 45, p. 399; R.S.1913, § 7603; C.S.1922, § 8546; C.S.1929, § 20-322; R.S.1943, § 25-322; Laws 2006, LB 1115, § 13.
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.