When the question is one of a common or general interest of many persons, or when the parties are very numerous, and it may be impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
§ 25-319.Class actions; representation.
Article 3: Parties · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section allows one or more people to sue or defend on behalf of an entire group with a shared interest when the group is too large or too numerous to practically bring every member before the court.
Full Text of § 25-319
Source
R.S.1867, Code § 43, p. 399; R.S.1913, § 7600; C.S.1922, § 8543; C.S.1929, § 20-319; R.S.1943, § 25-319.
Plain-English Summary
Section 25-319 is Nebraska’s foundational class-action statute, and its language has stayed close to its 1867 roots. It opens the door to representative litigation in two situations: when a question involves a common or general interest shared by many people, or when the parties are so numerous that bringing them all before the court would be impractical. Either condition is enough on its own — the group does not need to satisfy both.
When one of those conditions is met, the statute lets one or more people sue or defend for the benefit of everyone in the group. That single sentence carries real weight. It means a class of people with the same grievance, or the same stake in an outcome, does not need every last member to appear individually. A representative plaintiff or defendant can stand in for the whole group, and the resulting judgment reaches everyone the representative was authorized to represent.
The statute itself is brief and does not spell out the mechanics of certifying a class, notifying absent members, or handling settlement funds. Section 25-319.01 fills part of that gap for money left over after a class action judgment or settlement is paid out, directing any unpaid residue toward the Legal Aid and Services Fund. Anyone researching a Nebraska class action should read the two sections together.
Frequently Asked Questions
What has to be true before a class action can proceed under section 25-319?
Either the case must involve a question of common or general interest shared by many people, or the group of parties must be so numerous that bringing them all before the court would be impractical.
Do both numerosity and a common interest have to be present?
No. The statute states the two conditions in the alternative, so satisfying either one is enough to allow representative litigation.
Who can serve as the representative in a Nebraska class action?
The statute allows one or more of the affected people to sue or defend for the benefit of the whole group, without naming any specific qualification beyond membership in the group with the shared interest.
Does section 25-319 explain how to certify a class or notify its members?
No. The statute states the basic authority for representative suits; it does not set out certification procedure, notice requirements, or settlement administration in its own text.
What happens to money left over after a class action settlement is paid?
Section 25-319.01 addresses that situation directly, generally directing unpaid residue toward the Legal Aid and Services Fund after the court determines the total amount owed to the class.
Is section 25-319 the only Nebraska law that governs class actions?
It is the enabling statute for representative suits in Chapter 25, and it works together with section 25-319.01’s residue-distribution rules for judgments and settlements reached under it.
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: nebraska class action statutesuing on behalf of a grouprepresentative lawsuit nebraskatoo many parties to join individuallyclass action common interest rulesection 25-319 class actions