When an information is upon the relation of a private individual, it shall be so stated in the complaint and proceedings, and such individual shall be responsible for costs in case they are not adjudged against the defendant. In other cases the title of the cause shall be the same as in a criminal prosecution, and the payment of costs shall be regulated by the same rule.
§ 25-21,134.Quo warranto; in whose name brought; costs.
Article 21: Special Proceedings and Actions · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section requires a quo warranto information brought at a private citizen’s request to say so and to make that citizen responsible for costs if they are not assessed against the defendant, while every other case carries the same title and cost rules as a criminal prosecution.
Full Text of § 25-21,134
Source
R.S.1867, Code § 717, p. 518; R.S.1913, § 8341; C.S.1922, § 9293; C.S.1929, § 20-21,125; R.S.1943, § 25-21,134; Laws 2002, LB 876, § 48.
Plain-English Summary
Section 25-21,134 sorts quo warranto actions into two tracks based on who is behind them. When an information proceeds upon the relation of a private individual — meaning a private citizen asked that it be brought — the complaint and proceedings must say so, and that individual becomes responsible for costs if the court does not assess costs against the defendant.
Every other quo warranto case follows a different convention. Its title reads the same way a criminal prosecution’s title reads, and the payment of costs follows the same rule that governs costs in a criminal case. The distinction matters because it tells a private relator, before filing, that bringing the action carries a real financial risk if the case does not succeed against the defendant.
Frequently Asked Questions
What does it mean for an information to be "upon the relation of a private individual"?
It means a private citizen requested that the action be brought, as opposed to the action proceeding on behalf of the state generally.
Who pays the costs if a private citizen’s quo warranto action does not succeed against the defendant?
The private individual on whose relation the information was brought becomes responsible for those costs.
Does the complaint have to disclose that a private citizen is behind the case?
Yes. Section 25-21,134 requires the complaint and proceedings to state that the information is upon the relation of a private individual.
How is a non-relator quo warranto case titled?
The title of the cause follows the same form used in a criminal prosecution.
How are costs handled in cases that are not brought on a private relation?
The payment of costs is regulated by the same rule that applies to costs in a criminal prosecution.
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: private relator quo warranto costsrelation of a private individualquo warranto case title nebraskawho pays costs in quo warrantocriminal prosecution title comparison