§ 25-307.Suit by infant, guardian, or next friend; exception; substitution by court.

Section 25-307 governs how a minor brings a lawsuit. Except where the Nebraska Probate Code and two specifically referenced sections provide otherwise, a minor’s action has to be commenced, maintained, and prosecuted through a guardian or a next friend, an adult who is not necessarily the minor’s formal guardian but who steps forward to pursue the case on the minor’s behalf. The minor does not litigate alone.

The court keeps oversight over that arrangement. A guardian or next friend cannot dismiss the minor’s action, with or without prejudice, without the court’s approval. And where the action was brought by a next friend, the court has the power to dismiss the case if it decides the lawsuit is not for the minor’s benefit, or to replace the next friend with the minor’s guardian or with someone else better suited to the role.

Whatever the guardian or next friend does within this framework binds the minor. That finality is part of what makes the arrangement work: once the court-supervised process runs its course, the minor cannot later disown the result on the ground that they were a minor when it happened.