Nebraska Statutes 25-307. Suit by infant, guardian, or next friend; exception; substitution by court
Current as of: 2023 | Check for updates
|
Other versions
Except as provided by the Nebraska Probate Code, section 43-104.05, and sections 43-4801 to 43-4812, the action of an infant shall be commenced, maintained, and prosecuted by his or her guardian or next friend. Such actions may be dismissed with or without prejudice by the guardian or next friend only with approval of the court. When the action is commenced by his or her next friend, the court has power to dismiss it, if it is not for the benefit of the infant, or to substitute the guardian of the infant, or any person, as the next friend. Any action taken pursuant to this section shall be binding upon the infant.
Source
- R.S.1867, Code § 36, p. 398;
- R.S.1913, § 7588;
- C.S.1922, § 8531;
- C.S.1929, § 20-307;
- R.S.1943, § 25-307;
- Laws 1975, LB 480, § 1;
- Laws 1975, LB 481, § 10;
- Laws 2006, LB 1115, § 10;
- Laws 2018, LB714, § 13;
- Laws 2022, LB741, § 1.
Terms Used In Nebraska Statutes 25-307
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Probate: Proving a will