The appointment may be made upon the application of the infant, if he be of the age of fourteen years, and apply within twenty days after the return of the summons. If he be under the age of fourteen or neglect so to apply, the appointment may be made upon the application of any friend of the infant, or on that of plaintiff in the action.
§ 25-310.Suit against infant; guardian; how appointed.
Article 3: Parties · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section explains how a guardian for the suit gets appointed to defend a minor who has been sued: the minor may apply within twenty days if age fourteen or older, and otherwise any friend of the minor or the plaintiff may apply.
Full Text of § 25-310
Source
R.S.1867, Code § 39, p. 399; R.S.1913, § 7591; C.S.1922, § 8534; C.S.1929, § 20-310; R.S.1943, § 25-310.
Plain-English Summary
Section 25-310 fills in the appointment procedure that Section 25-309 sets up. A minor who is at least fourteen years old may apply for the appointment of a guardian for the suit, and has twenty days after the return of the summons to do so. That gives an older minor a direct say in who will defend the case on their behalf.
If the minor is under fourteen, or is fourteen or older but does not apply within that twenty-day window, the appointment can instead be made on the application of any friend of the minor, or on the application of the plaintiff who brought the suit. That fallback keeps the case from stalling just because the minor did not, or could not, choose a guardian in time.
Frequently Asked Questions
Can a minor choose their own guardian for the suit?
A minor who is at least fourteen years old may apply for the appointment, within twenty days after the return of the summons.
What happens if the minor is younger than fourteen?
The appointment may then be made on the application of any friend of the minor or on the application of the plaintiff in the action.
What if a minor who is fourteen or older does not apply in time?
If the minor neglects to apply within the twenty-day window, the appointment may likewise be made on the application of a friend of the minor or the plaintiff.
Can the plaintiff who sued the minor ask the court to appoint a guardian for the suit?
Yes, if the minor is under fourteen or has not timely applied, the plaintiff may apply for the appointment.
How does the twenty-day period get counted?
It runs from the return of the summons in the action, giving a minor fourteen or older a defined window to seek the appointment personally.
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: appoint guardian for suit minor nebraskatwenty days apply guardian suitminor under fourteen guardian appointmentfriend applies for guardian ad litemhow guardian for suit appointed