Article 7: Joinder and Consolidation of Actions · Last amended 2000 · Last verified July 22, 2026
In one sentenceSection 25-705 governs joinder in actions with multiple parties or claims, allowing judgment tailored to each party’s rights and liabilities, letting the court sever claims or manage the case to prevent prejudice, delay, or expense, and providing that misjoinder is never grounds for dismissal.
Full Text of § 25-705
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(1) This section applies when an action involves multiple parties or more than one cause of action.
(2) A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief and against one or more of the defendants according to their respective liabilities.
(3) The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom the party asserts no claim and who asserts no claim against the party and may order separate trials or make other orders to prevent delay or prejudice.
(4) Persons other than those made parties to the original action may be made parties to a counterclaim or cross-claim in accordance with section 25-311 or 25-320.
(5) Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.
Section 25-705 is Nebraska’s general-purpose joinder rule for cases with multiple parties or more than one cause of action. It starts by freeing plaintiffs and defendants from an old constraint: no plaintiff or defendant needs to be interested in obtaining or defending against all the relief demanded in the case. The court can enter judgment for one or more plaintiffs according to their respective rights, and against one or more defendants according to their respective liabilities, without every party needing a stake in every part of the case.
That flexibility comes with a management tool. If including a party who has no claim against, or faces no claim from, another party would embarrass, delay, or add expense to the case, the court can make orders to prevent that — including ordering separate trials or issuing other orders to avoid delay or prejudice. Parties beyond those in the original action can also be brought in on a counterclaim or cross-claim, following the procedures in Section 25-311 or Section 25-320.
The section closes with a rule that reflects a broader modern shift away from dismissing cases over pleading technicalities: misjoinder of parties is never grounds for dismissing an action. Instead, the court can add or drop parties, on motion or on its own initiative, at any stage of the case and on just terms, and it can sever any claim against a party to proceed with it separately. A case that names the wrong mix of parties gets fixed, not thrown out.
Frequently Asked Questions
Does every plaintiff or defendant in a Nebraska case need a stake in all the relief demanded?
No. Section 25-705 allows judgment for one or more plaintiffs according to their respective rights and against one or more defendants according to their respective liabilities, without requiring every party to be interested in every part of the case.
What can a court do if including a particular party creates unfair delay or expense?
The court may make orders to prevent that party from being embarrassed, delayed, or put to expense, including ordering separate trials or issuing other orders to avoid delay or prejudice.
What happens if I sue, or am sued by, the wrong combination of parties?
Misjoinder of parties is not grounds for dismissal. The court can add or drop parties on motion or on its own initiative, at any stage of the action and on just terms.
Can a claim against one party be separated out and handled on its own?
Yes. The statute allows any claim against a party to be severed and proceeded with separately.
How does someone get added as a party to a counterclaim or cross-claim who was not part of the original case?
Section 25-705 allows that, following the procedures in Section 25-311 or Section 25-320.
Does this section apply only to cases already involving multiple parties?
It applies when an action involves multiple parties or more than one cause of action, covering both situations.
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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