Any private person may on his own relation sue out writs of mandamus without application to the prosecuting attorney.
§ 25-2168.Right of private persons to bring action.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section allows a private person to sue out a writ of mandamus on their own relation, without applying to the prosecuting attorney first, so a person can pursue mandamus relief independent of the local prosecutor’s office.
Full Text of § 25-2168
Source
R.S.1867, Code § 2, p. 279; R.S.1913, § 8283; C.S.1922, § 9236; C.S.1929, § 20-2168; R.S.1943, § 25-2168.
Plain-English Summary
Mandamus is sometimes thought of as a tool only a prosecutor or attorney general can wield on behalf of the public. Section 25-2168 says otherwise for private persons in Nebraska. Any private person may sue out a writ of mandamus on their own relation, meaning in their own name and interest, without applying to the prosecuting attorney for permission or assistance first.
That independence removes a potential bottleneck. A person harmed by a public official’s refusal to perform a duty owed to them does not have to convince a prosecutor to take up the case before getting into court. They can bring the mandamus action themselves.
Frequently Asked Questions
Does a private citizen need a prosecutor’s approval to file a mandamus action?
No. Section 25-2168 lets any private person sue out a writ of mandamus without applying to the prosecuting attorney.
What does suing “on his own relation” mean?
It means the private person sues in their own name and interest as the relator, rather than through the prosecuting attorney.
Can any private person bring a mandamus action under this section?
The section states that any private person may sue out such a writ; other sections address who may be compelled to act and what costs follow.
Does this section limit who a private person can sue?
No. It addresses only the authorization to sue without the prosecuting attorney, not the identity of proper defendants.
Is there a cost consequence to suing without the prosecuting attorney?
Yes. Section 25-2169 makes a private person suing under this authority liable for costs as in civil cases.
Why would a private person want to bring mandamus without the prosecuting attorney?
It gives independent access to relief without waiting on or persuading a prosecutor to take up the matter.
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
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