§ 7-110 — Parties acting in their own behalf

Nebraska § 7-110

• Jurisdiction: Nebraska
• Ch. 7: Attorneys at Law

Text

Plaintiffs shall have the liberty of prosecuting, and defendants shall have the liberty of defending, in their proper persons.

Legislative History

Source: R.S.1866, c. 3, § 10, p. 16; R.S.1913, § 274; C.S.1922, § 269; C.S.1929, § 7-110; R.S.1943, § 7-110. Annotations: An individual assignee of a corporation's or other distinct legal entity's cause of action cannot bring such action pro se. Zapata v. McHugh, 296 Neb. 216, 893 N.W.2d 720 (2017). In absence of unusual circumstances, defendant who is sui juris and mentally competent has right to conduct his defense in person without assistance of counsel. State v. Beasley, 183 Neb. 681, 163 N.W.2d 783 (1969). Plaintiffs have the liberty of prosecuting, and defendants have the liberty of defending, in their own proper persons without the assistance of an attorney. Weiner v. Schrempp, 177 Neb. 583, 129 N.W.2d 518 (1964). Disbarred attorney could not prosecute representative action in his own name. Niklaus v. Abel Construction Co., 164 Neb. 842, 83 N.W.2d 904 (1957). Party to suit may act as his own attorney. Vielehr v. Malone, 158 Neb. 436, 63 N.W.2d 497 (1954). The prohibition on representation by a layperson does not apply to a sole proprietorship where the owner of that entity is representing his or her own interests. Schmunk v. Aquatic Solutions, 29 Neb. App. 940, 962 N.W.2d 581 (2021).