§ 25-21,161.Person, defined.
Article 21: Special Proceedings and Actions · Last amended 1993 · Last verified July 22, 2026
Full Text of § 25-21,161
Source
Laws 1929, c. 75, § 13, p. 259; C.S.1929, § 20-21,152; R.S.1943, § 25-21,161; Laws 1993, LB 121, § 173.
Plain-English Summary
Section 25-21,161 makes sure the Act’s repeated use of the word "person" reaches further than an individual human being. Wherever the Uniform Declaratory Judgments Act uses the word "person," it means any person, partnership, limited liability company, joint-stock company, unincorporated association, society, or municipal or other corporation of any character whatsoever.
That broad definition matters because so much of the Act — who may bring a declaratory action, who must be joined as a party, whose interests a declaration can affect — turns on the word "person." An unincorporated club, a limited liability company, a city, or any other organized entity fits the definition just as an individual does, so none of them is left outside the Act’s protections or its party-joinder requirements on a technicality.
Frequently Asked Questions
Does "person" in the Uniform Declaratory Judgments Act mean only individual human beings?
No. Section 25-21,161 defines "person" to include partnerships, limited liability companies, joint-stock companies, unincorporated associations, societies, and municipal or other corporations of any character.
Can a limited liability company bring a declaratory judgment action?
Yes. An LLC falls within the Act’s definition of "person" and can use the declaratory judgment provisions the same as an individual.
Does a municipality count as a "person" under this Act?
Yes. The definition specifically includes municipal corporations, which fits with the requirement in section 25-21,159 that a municipality be joined as a party when an ordinance or franchise is at issue.
Why does the Act need its own definition of "person" instead of relying on ordinary usage?
Because so many of the Act’s provisions on standing and required parties turn on that word, a clear and broad definition keeps organized entities from being read out of the Act on a technicality.
Does an unincorporated club or association qualify as a "person" under this section?
Yes. The definition specifically lists unincorporated associations and societies alongside individuals and various business entities.