Except as provided by the Nebraska Probate Code and section 43-104.05, the defense of an infant must be by a guardian for the suit, who may be appointed by the court in which the action is prosecuted, or by a judge thereof, or by a county judge. The appointment cannot be made until after service of the summons in the action as directed by this code.
§ 25-309.Suit against infant; guardian for suit; when appointed; exception.
Article 3: Parties · Last amended 2022 · Last verified July 22, 2026
In one sentenceThis section requires that a minor being sued be defended by a guardian for the suit, appointed by the court or a judge after the summons has been served, except where the Nebraska Probate Code and a specifically referenced section apply instead.
Full Text of § 25-309
Source
R.S.1867, Code § 38, p. 399; R.S.1913, § 7590; C.S.1922, § 8533; C.S.1929, § 20-309; R.S.1943, § 25-309; Laws 1975, LB 481, § 12; Laws 2022, LB741, § 2.
Cross References
Nebraska Probate Code, see section 30-2201.
Plain-English Summary
Just as a minor cannot generally prosecute a lawsuit alone under Section 25-307, a minor cannot generally be left to defend one alone either. Section 25-309 requires that the defense of a minor be conducted by a guardian for the suit, a person appointed specifically to represent the minor’s interests in that case. The court in which the action is pending, a judge of that court, or a county judge can make the appointment.
Timing matters here. The appointment cannot happen until after the summons in the action has been served as directed by the code. That sequencing makes sure the minor’s interests are represented once the case is formally underway, rather than before there is even a pending action to defend. As with the guardian-for-suit requirement in the prosecuting context, this section defers to the Nebraska Probate Code and one specifically referenced statutory section where those provisions apply instead.
Frequently Asked Questions
Who defends a lawsuit filed against a minor in Nebraska?
A guardian for the suit, appointed specifically to defend the minor’s interests in that action.
Who can appoint the guardian for the suit?
The court in which the action is pending, a judge of that court, or a county judge.
When can the guardian for the suit be appointed?
Only after the summons in the action has been served as directed by the code, not before.
Is this the same role as a "next friend"?
No. A next friend, addressed in Section 25-307, brings or maintains an action on a minor’s behalf as plaintiff; a guardian for the suit under this section defends an action brought against a minor.
Are there exceptions to this appointment requirement?
Yes. The section defers to the Nebraska Probate Code and one specifically referenced statutory section for situations they separately address.
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 for suit defend minor nebraskaminor defendant nebraska lawsuitappoint guardian ad litem defensesuing a minor in nebraskaguardian appointed after summons served