In cases where a company shall sue in its partnership name, such company shall procure the writ to be endorsed by a responsible surety, who is a resident of the county, for costs, or otherwise give security for costs.
§ 25-315.Partnership or unincorporated association; security for costs.
Article 3: Parties · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires a company or partnership that sues in its own partnership name to have its writ endorsed by a resident surety or otherwise post security for the costs of the case.
Full Text of § 25-315
Source
R.S.1867, Code § 26, p. 397; R.S.1913, § 7596; C.S.1922, § 8539; C.S.1929, § 20-315; R.S.1943, § 25-315.
Plain-English Summary
Section 25-313 lets an unincorporated company or partnership sue in its own common name without listing its individual members, and Section 25-315 attaches a condition to that convenience. Where a company sues in its partnership name, it has to procure the writ to be endorsed by a responsible surety who resides in the county, or otherwise give security for costs.
This requirement protects a defendant’s ability to recover costs if the partnership loses the case, since an unincorporated group suing collectively does not offer a defendant the same direct path to an individual defendant’s assets that a lawsuit against a named person would. Requiring a resident surety, or equivalent security, gives the defendant a concrete source to look to for costs regardless of the outcome.
Frequently Asked Questions
Does a partnership have to do anything extra to sue in its own name?
Yes. Section 25-315 requires the company to have its writ endorsed by a responsible surety who is a resident of the county, or to otherwise give security for costs.
Why does Nebraska require security for costs from a partnership plaintiff?
Because a lawsuit brought under a collective partnership name does not give a defendant the same direct access to an individual’s assets for recovering costs, so the security requirement protects the defendant if the case does not succeed.
Does the surety have to live in the county where the case is filed?
Yes, the rule requires a responsible surety who is a resident of the county, unless the company gives security for costs by some other means.
Does this requirement apply to corporations as well as partnerships?
The text addresses cases where "a company shall sue in its partnership name," tying the requirement to that specific manner of suing rather than to corporations generally.
What happens if the partnership does not provide the required security?
The section requires the endorsement or security as a condition of suing in the partnership name; the practical consequences of failing to meet that condition would follow ordinary procedural rules for enforcing such requirements.
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
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