§ 25-329 — Intervention; judgment; costs

Nebraska § 25-329

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

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.

Legislative History

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. Annotations: Only after a motion to dismiss or judgment on the pleadings attacking a complaint in intervention has been overruled on the grounds that the complaint met the requirements of section 25-328 will the question later be determined, when the action is finally decided, whether the allegations in the pleadings are true and that the proof establishes the party seeking to intervene has an actual interest in the subject of the controversy. Carroll v. Gould, 308 Neb. 12, 952 N.W.2d 1 (2020). A parent in a juvenile action does not need to follow the intervention procedures set forth in this section and sections 25-328 and 25-330 in order to participate in juvenile proceedings involving the parent's child. In re Interest of Sloane O., 291 Neb. 892, 870 N.W.2d 110 (2015). District court may rule on sufficiency of petition of intervention before trial. Kirchner v. Gast, 169 Neb. 404, 100 N.W.2d 65 (1959). Costs are taxed to interveners and relators where they are unsuccessful in a mandamus case. State ex rel. Nelson v. Butler, 145 Neb. 638, 17 N.W.2d 683 (1945). Determination whether intervener has an actual interest in the subject of the controversy is a necessary preliminary question for the trial court's decision and is determinable when the action is finally decided. Drainage Dist. No. 1 of Lincoln County v. Kirkpatrick-Pettis Co., 140 Neb. 530, 300 N.W. 582 (1941). Intervention was unknown at common law and is creature of statute. Geis v. Geis, 125 Neb. 394, 250 N.W. 252 (1933). Section should be liberally construed, but intervener must plead and prove actual interest or be regarded as mere interloper. Parker v. City of Grand Island, 115 Neb. 892, 215 N.W. 127 (1927). A person may intervene as matter of right before trial. In re Estate of Keller, 101 Neb. 115, 162 N.W. 511 (1917). Petition of intervener cannot be dismissed until determination on merits. Montgomery v. Dresher, 97 Neb. 112, 149 N.W. 314 (1914). Petition may be dismissed without prejudice. Lincoln Upholstering Co. v. Baker, 82 Neb. 592, 118 N.W. 321 (1908).