Where several actions are brought on one bill of exchange, promissory note, or other obligation or instrument in writing, against several parties, who might have been joined as defendants in the same action, no costs shall be recovered by the plaintiff in more than one of such actions, if the parties proceeded against in the other actions were, at the commencement of the previous action, openly within the state.
§ 25-1712.Successive actions against joinable parties; limit to recovery by plaintiff.
Article 17: Costs · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section bars a plaintiff from recovering costs in more than one lawsuit when several separate actions are filed on the same note, bill, or written instrument against parties who could have been joined together and who were openly within the state when the first action began.
Full Text of § 25-1712
Source
R.S.1867, Code § 624, p. 504; R.S.1913, § 8171; C.S.1922, § 9122; C.S.1929, § 20-1712; R.S.1943, § 25-1712.
Plain-English Summary
Some debts involve more than one obligor — several people liable on the same promissory note or written instrument, any of whom could be sued together in one action. Section 25-1712 discourages splitting that single dispute into several separate lawsuits purely to run up costs.
Where several actions are brought on one bill of exchange, promissory note, or other written obligation, against parties who might have been joined as defendants in a single case, the plaintiff cannot recover costs in more than one of those actions — as long as the parties sued in the other actions were openly within the state when the first action began.
The limit falls on costs, not on the underlying right to collect the debt itself. A plaintiff who chooses to sue separately can still pursue each defendant for what they owe; this section only keeps the plaintiff from collecting duplicate costs for doing what could have been done in one case.
Frequently Asked Questions
Can a plaintiff sue several people liable on the same note separately and collect costs in each case?
No. If those parties could have been joined in one action and were openly within the state, the plaintiff can recover costs in only one of the separate actions.
What if one of the other defendants had left the state?
The limit applies only where the parties sued separately were openly within the state at the time the earlier action began.
What kinds of debts does this section cover?
Bills of exchange, promissory notes, and other written obligations or instruments.
Why would a plaintiff file separate lawsuits instead of one?
The statute does not address motive; it removes the cost incentive for doing so when joinder was available.
Does this limit affect the plaintiff’s ability to recover the underlying debt?
No. It limits only the recovery of costs across multiple actions, not the right to collect what is owed.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: multiple lawsuits same note nebraskajoinder of defendants costs limitsuing joint debtors separatelycosts recovered only once nebraskapromissory note multiple defendants costs