§ 25-313.Company, partnership, or unincorporated association; designation.
Article 3: Parties · Last amended 1947 · Last verified July 22, 2026
In one sentenceThis section lets an unincorporated company, partnership, or association formed to run a business, hold property, or represent employees in collective bargaining sue and be sued under whatever common name it goes by, without having to name its individual members.
Full Text of § 25-313
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Any company or association of persons formed for the purpose of (1) carrying on any trade or business, (2) holding any species of property in this state, or (3) representing employees in collective bargaining with employers, and not incorporated, may sue and be sued by such usual name as such company, partnership or association may have assumed to itself or be known by. It shall not
be necessary in such case to set forth in the process or pleadings or to prove at the trial the names of the persons composing such company.
Source
R.S.1867, Code § 24, p. 397; R.S.1913, § 7594; C.S.1922, § 8537; C.S.1929, § 20-313; R.S.1943, § 25-313; Laws 1947, c. 82, § 1, p. 256.
Plain-English Summary
Not every business or organization in Nebraska is incorporated, and Section 25-313 gives those groups a practical way to participate in litigation. Any company or association of persons formed to carry on a trade or business, to hold property in the state, or to represent employees in collective bargaining with employers, and that is not incorporated, may sue and be sued under whatever usual name it has assumed or is known by.
The section spares everyone the burden of identifying every individual member. It is not necessary to set out the names of the people who make up the company or association in the process or the pleadings, or to prove those names at trial. The organization’s adopted name is enough to bring or defend the action.
Frequently Asked Questions
Can an unincorporated business sue or be sued under its business name in Nebraska?
Yes, if it was formed to carry on a trade or business, to hold property in the state, or to represent employees in collective bargaining, Section 25-313 lets it sue and be sued under its usual name.
Do I have to list every partner or member of an unincorporated association to sue it?
No. The section specifically says it is not necessary to set forth the names of the persons composing the company in the process or pleadings, or to prove those names at trial.
Does this section cover labor unions or similar employee organizations?
Yes. It reaches associations formed to represent employees in collective bargaining with employers, alongside associations formed for trade, business, or holding property.
What if the association wants to sue in its own partnership name rather than being sued?
Section 25-315 addresses a related requirement, that a company suing in its partnership name provide security for costs.
Does a judgment against the association by its common name reach the personal property of its individual members?
Section 25-316 addresses the separate procedure for reaching an individual member’s personal property to satisfy a judgment against the company or partnership.
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:sue unincorporated association nebraskapartnership sued by common nameunincorporated business lawsuit nebraskaunion sued in own name nebraskacompany name lawsuit no members listed