§ 25-312.Defendants; how designated; misnomer; when immaterial.
Article 3: Parties · Last amended 1997 · Last verified July 22, 2026
In one sentenceThis section allows a defendant to be identified in a lawsuit by the name or partial name shown on the instrument being sued on, or by the name reflected in the property records, treating that as the defendant’s real name for the case.
Full Text of § 25-312
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(1) In all actions upon bills of exchange or promissory notes, or other written instruments, and in all actions described in subsection (2) of this section, it is sufficient to designate any defendant by the name or part of name by which he or she is designated in the instrument upon which action is brought, or by which he or she appears of record to have some interest, right, title, estate in or lien upon the property involved in such action or proceeding, and for all the purposes of such action or proceeding such name shall be considered the real name of such defendant.
(2) This section applies to (a) actions brought under section 25-401, 25-402, or 25-403 and (b) actions which relate to, or the subject of which is, real or personal property in this state, if the defendant has or claims a lien or interest, actual or contingent, in such property, or the relief demanded consists wholly or partially in
excluding the defendant from any interest in such property, and such defendant is a nonresident of the state or is a foreign corporation.
Section 25-312 addresses what happens when a defendant’s exact legal name is uncertain but their identity is tied to a document or a property record. In actions on bills of exchange, promissory notes, or other written instruments, and in the additional categories of actions described in subsection (2), it is enough to designate a defendant by the name or part of the name shown on the instrument sued upon, or by the name under which they appear of record to hold an interest, right, title, estate, or lien in the property involved. For all purposes of that action, the law treats that name as the defendant’s real name.
Subsection (2) defines which actions this reaches: actions brought under Sections 25-401, 25-402, or 25-403, and actions involving real or personal property in Nebraska where the defendant has or claims a lien or interest in the property, or where the relief sought would exclude the defendant from an interest in the property, and where that defendant is either a nonresident of the state or a foreign corporation.
This section keeps a case from stalling over a defendant’s precise legal name when the record itself, whether a signed instrument or a property filing, already identifies the defendant’s interest clearly enough to proceed.
Frequently Asked Questions
Can I sue a defendant using the name shown on a promissory note even if it is not their full legal name?
Yes. Section 25-312 lets you designate the defendant by the name or part of the name shown on the instrument sued upon, and treats that as the defendant’s real name for the action.
Does this section apply beyond actions on notes and written instruments?
Yes. It also reaches actions listed in subsection (2), including certain property actions involving nonresident or foreign-corporation defendants who have or claim an interest in Nebraska real or personal property.
What type of property actions does this section cover?
Ones where the defendant has or claims a lien or interest, actual or contingent, in property in the state, or where the relief sought would exclude the defendant from an interest in it, and the defendant is a nonresident or a foreign corporation.
Why would a name shown "of record" matter for a property case?
Because a defendant’s interest in real or personal property is often reflected in public records under a particular name, and this section lets that recorded name serve as the defendant’s real name in the action.
What are Sections 25-401, 25-402, and 25-403?
They are among the specific statutory actions subsection (2) identifies as within this section’s reach, though their own substance is addressed elsewhere in the chapter.
Does using the name from the instrument or record affect service of process on the defendant?
This section addresses how the defendant may be designated in the action; the requirements for serving the defendant are governed by other provisions.
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:defendant name on promissory notemisnomer defendant nebraskanonresident defendant property interestdefendant name of record nebraskasue defendant name on instrument