RulesofCivilProcedure.com Civil Procedure · Every State

§ 25-403.02.Venue; residency; determination.

Article 4: Venue · Last amended 1993 · Last verified July 22, 2026

In one sentenceSection 25-403.02 defines residency for venue purposes for corporations, partnerships, unincorporated associations, and limited liability companies, tying each entity’s residence to where it has an office, is doing business, or has members or partners.

Full Text of § 25-403.02

Text size

For purposes of venue, the following definitions shall apply:
(1) Any private corporation organized under the laws of this state and any foreign corporation authorized to transact business in this state is a resident of any county in which it has its registered office or other office or is doing business. A
foreign corporation not authorized to transact business in this state is not a resident of this state;
(2) A partnership sued in its firm name is a resident of any county in which any partner resides or in which the partnership has an office or is doing business. If all partners are nonresidents of this state and the partnership does not have an office or do business in this state, the partnership is not a resident of this state;
(3) A voluntary unincorporated association sued in its own name is a resident of any county in which the association has an office or in which any officer of the association resides. If it has no office in this state and no officer resides in this state, the voluntary unincorporated association is not a resident of this state; and
(4) A limited liability company organized under the laws of this state and any foreign limited liability company authorized to transact business in this state is a resident of any county in which it has its registered office or other office or is doing business. A foreign limited liability company not authorized to transact business in this state is not a resident of this state.

Source

Laws 1986, LB 529, § 24; Laws 1993, LB 121, § 166.

Plain-English Summary

Section 25-403.01 lets a plaintiff sue where a defendant resides, but that idea gets complicated once the defendant is a business entity rather than a person. Section 25-403.02 answers that question for four common types of defendants.

A Nebraska corporation, and a foreign corporation authorized to do business in the state, resides in any county where it has its registered office, another office, or is doing business. A foreign corporation not authorized to transact business in Nebraska is not a resident of the state at all. A partnership sued in its own name resides wherever any partner lives or wherever the partnership has an office or does business; if every partner lives outside Nebraska and the partnership has no office or business here, it is not a Nebraska resident either.

The same pattern applies to a voluntary unincorporated association sued in its own name — it resides where it has an office or where any of its officers lives, and it is not a Nebraska resident if it has neither. Limited liability companies follow the corporate model: a Nebraska LLC, or a foreign LLC authorized to do business here, resides wherever it has its registered office, another office, or is doing business, while an unauthorized foreign LLC is not a resident of the state.

Frequently Asked Questions

Where does a corporation “reside” for venue purposes in Nebraska?

In any county where it has its registered office, another office, or is doing business, whether it is a Nebraska corporation or an authorized foreign corporation.

Can I sue an out-of-state corporation in Nebraska if it never registered to do business here?

Section 25-403.02 treats an unauthorized foreign corporation as not a resident of Nebraska, which affects whether this residency-based venue option applies to it.

Where does a partnership reside if I want to sue it in its own name?

In any county where any partner resides, or where the partnership has an office or does business. If every partner lives outside Nebraska and it has no Nebraska office or business, it is not a Nebraska resident.

How is an unincorporated association, like a club or a voluntary group, treated for venue?

It resides in any county where it has an office or where any of its officers resides. Without either connection to Nebraska, it is not considered a resident.

Does this section treat an LLC the same way as a corporation?

Yes. A Nebraska LLC or an authorized foreign LLC resides wherever it has its registered office, another office, or is doing business, mirroring the corporate residency rule.

Why does residency matter this much for these types of defendants?

Section 25-403.01 uses a defendant’s residence as one of the main venue options, so this section’s definitions decide which counties qualify as a proper place to sue a business entity.

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: corporate residency venue nebraskawhere to sue a partnership nebraskaLLC residence for venue purposesforeign corporation venue nebraskaunincorporated association lawsuit venuebusiness entity residence definition venue