The guardian, conservator, or next friend is liable for the costs of the action brought by the guardian, conservator, or next friend, and when he or she is insolvent, the court may require security for the costs of the action. The guardian, conservator, or next friend may be a witness in an action brought by the guardian, conservator, or next friend.
§ 25-308.Action by guardian, conservator, or next friend; liability for costs; security; witness.
Article 3: Parties · Last amended 2006 · Last verified July 22, 2026
In one sentenceThis section makes the guardian, conservator, or next friend who brings a lawsuit for a minor personally liable for the costs of that suit, lets the court require security for costs if that person is insolvent, and allows that person to testify as a witness in the case.
Full Text of § 25-308
Source
R.S.1867, Code § 37, p. 399; R.S.1913, § 7589; C.S.1922, § 8532; C.S.1929, § 20-308; R.S.1943, § 25-308; Laws 1975, LB 481, § 11; Laws 2006, LB 1115, § 11.
Plain-English Summary
Bringing a lawsuit on behalf of someone else carries a cost, and Section 25-308 makes clear who answers for it. The guardian, conservator, or next friend who brings the action is personally liable for the costs of that suit. If that person turns out to be insolvent, the court has the authority to require security for the costs before the case proceeds further, protecting the opposing party’s ability to recover costs if the suit does not succeed.
The section also removes any doubt about whether the guardian, conservator, or next friend can testify. That person may be a witness in the very action they brought, so acting in this representative role does not disqualify them from giving testimony relevant to the case.
Frequently Asked Questions
Who is responsible for court costs when a lawsuit is brought on behalf of a minor?
The guardian, conservator, or next friend who brought the action is personally liable for the costs of the suit.
What happens if the guardian or next friend cannot afford to pay costs if the case is lost?
If that person is insolvent, the court may require security for the costs of the action before the case moves forward.
Can the guardian or next friend testify as a witness in the case they are pursuing?
Yes. Section 25-308 allows the guardian, conservator, or next friend to be a witness in the action they brought.
Does this section apply to conservators as well as guardians and next friends?
Yes. It names all three roles and applies the same cost liability, security requirement, and witness rule to each.
Does a minor become personally liable for costs under this section?
No. The section places cost liability on the guardian, conservator, or next friend who brought the action, not on the minor.
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: guardian liable for costs nebraskasecurity for costs minor lawsuitnext friend testify as witnessconservator costs lawsuit nebraskawho pays costs minor plaintiff