The court shall determine upon the intervention at the same time that the action is decided, and if the claim of the intervenor is not sustained, the intervenor shall pay all costs of the intervention.
§ 25-329.Intervention; judgment; costs.
Article 3: Parties · Last amended 2006 · Last verified July 22, 2026
In one sentenceThis section requires the court to decide an intervenor’s claim at the same time it decides the main action, and it makes the intervenor pay all costs of the intervention if that claim is not sustained.
Full Text of § 25-329
Source
Laws 1887, c. 100, § 2, p. 655; R.S.1913, § 7610; C.S.1922, § 8553; C.S.1929, § 20-329; R.S.1943, § 25-329; Laws 2006, LB 1115, § 16.
Plain-English Summary
Once someone intervenes in a case under section 25-328, section 25-329 tells the court how to handle that added claim. The court determines the intervention at the same time it decides the underlying action — the intervenor’s claim does not get resolved on its own separate timetable, and the main case is not held up waiting on some later ruling about the intervention. Everything gets decided together.
The statute also puts a cost on failed intervention. If the intervenor’s claim is not sustained, the intervenor pays all the costs of the intervention. That is a meaningful check on the broad standing that section 25-328 grants: a person thinking about intervening has to weigh the real risk of paying for that intervention if the claim does not hold up, rather than treating intervention as a cost-free way to inject a new claim into someone else’s lawsuit.
Frequently Asked Questions
When does a Nebraska court decide an intervenor’s claim?
At the same time the court decides the underlying action, not on a separate schedule.
What happens if the intervenor loses on the intervention claim?
The intervenor has to pay all the costs of the intervention.
Does the intervenor pay costs even if the original plaintiff or defendant wins their own part of the case?
The cost consequence in section 25-329 attaches specifically to whether the intervenor’s own claim is sustained, not to how the underlying claims between the original parties are decided.
Why would the law require the intervention to be decided along with the main case?
Deciding both together keeps the litigation from splitting into separate tracks and ensures the court resolves the intervenor’s claim with full knowledge of how the underlying dispute comes out.
Does section 25-329 discourage people from intervening in a case?
It creates a real cost risk for intervening unsuccessfully, which encourages a person to intervene only when they have a genuine, well-supported claim rather than treating intervention lightly.
What section governs how an intervenor starts the intervention?
Section 25-330 requires the intervention to be made by complaint stating the facts on which it rests, with pleadings governed by the same rules as other pleadings in Chapter 25.
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: costs of failed intervention nebraskaintervenor pays costswhen is intervention claim decidedlosing intervenor liable for costs