§ 25-403.02.Venue; residency; determination.
Article 4: Venue · Last amended 1993 · Last verified July 22, 2026
Full Text of § 25-403.02
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.