When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard. If a statute is alleged to be unconstitutional, the Attorney General of the state shall also be served with a copy of the proceeding and be entitled to be heard.
§ 25-21,159.Parties; municipalities; Attorney General.
Article 21: Special Proceedings and Actions · Last amended 1998 · Last verified July 22, 2026
In one sentenceThis section requires that everyone with an interest a declaration would affect be made a party, protects nonparties from being bound, and requires the affected municipality and, where a statute’s constitutionality is at issue, the Attorney General, to be served and heard.
Full Text of § 25-21,159
Source
Laws 1929, c. 75, § 11, p. 258; C.S.1929, § 20-21,150; R.S.1943, § 25-21,159; Laws 1998, LB 234, § 7.
Plain-English Summary
A declaratory judgment binds only the people who had a fair chance to be heard. Section 25-21,159 states that plan in party terms: when declaratory relief is sought, all persons must be made parties who have or claim an interest that the declaration would affect, and no declaration prejudices the rights of anyone who was not a party to the proceeding.
Two categories get special, mandatory treatment. If the proceeding involves the validity of a municipal ordinance or franchise, the municipality itself must be made a party and is entitled to be heard — the case cannot go forward around it. And if a statute is alleged to be unconstitutional, the Attorney General of the state must be served with a copy of the proceeding and is entitled to be heard, giving the state’s chief legal officer a seat at the table whenever a declaratory action puts a Nebraska statute’s constitutionality in question.
Frequently Asked Questions
Do I have to name everyone whose interests could be affected by a declaratory judgment?
Yes. Section 25-21,159 requires that all persons who have or claim an interest that would be affected by the declaration be made parties.
Can a declaratory judgment bind someone who was never named in the case?
No. The section states that no declaration shall prejudice the rights of persons who are not parties to the proceeding.
What if my case challenges a city ordinance?
The municipality must be made a party to the proceeding and is entitled to be heard whenever the case involves the validity of a municipal ordinance or franchise.
Do I need to notify the Attorney General if I am challenging a state statute as unconstitutional?
Yes. The Attorney General must be served with a copy of the proceeding and is entitled to be heard whenever a statute is alleged to be unconstitutional.
What happens if I leave out a party with an affected interest?
The declaration cannot prejudice that person’s rights since they were not a party, which can leave the underlying uncertainty unresolved as to them even after judgment.
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: necessary parties declaratory judgment nebraskamunicipality party ordinance challengeattorney general notice unconstitutional statutedeclaration binds only partiesjoinder declaratory judgment act