The Nebraska Judicial Branch operates under a hierarchical structure established by the Nebraska Constitution. The judicial power of the state is distributed among the Supreme Court, Court of Appeals, district courts, and county courts. All state courts function under the administrative direction of the Supreme Court, ensuring consistency and coordination throughout the judicial system.
In addition to the constitutionally created courts, Nebraska maintains specialized courts to address specific types of cases. The separate juvenile courts located in Douglas, Lancaster, and Sarpy Counties handle matters involving minors. The statewide Workers' Compensation Court addresses employment-related injury claims and workplace disputes.
This specialized structure allows for concentrated expertise in complex or sensitive legal areas. District courts serve as the general jurisdiction trial courts in Nebraska, handling major civil cases, felony criminal cases, and appeals from county courts.
County courts have more limited jurisdiction, typically addressing civil cases involving smaller dollar amounts, misdemeanor criminal cases, traffic violations, and preliminary hearings in felony cases. Understanding which court has jurisdiction over a particular matter represents the first critical step in navigating the Nebraska legal process.
Service of Process in Nebraska
Service of process stands as one of the most fundamental aspects of civil procedure in Nebraska. This legal procedure ensures that parties to a lawsuit receive appropriate notice of legal actions taken against them, protecting the due process rights outlined in the United States Constitution.
Without proper service of process, courts cannot exercise jurisdiction over defendants, and any judgments obtained may be challenged and potentially voided. The consequences of failing to properly serve process can be significant, potentially invalidating court orders and judgments.
Nebraska law establishes specific requirements for who may serve process. According to Nebraska Revised Statute 25-507, any person twenty-one years of age or older may serve process if they meet certain conditions.
The process server must not be a party to the action, must not be related to a party, must not have an interest in the action, and must not be a public official employed by the county where service is made whose duties include service of process.
Additionally, a corporation, partnership, or limited liability company may serve process if it satisfies these same requirements. Professional process servers often handle service of process, providing expertise and ensuring compliance with all legal requirements.
Bond Requirements for Process Servers
Any person or entity exercising the power to serve process must furnish a corporate surety bond in the sum of fifteen thousand dollars. This bond must be conditioned upon faithfully and truly performing the duties of a process server.
This bond requirement protects parties from improper service and provides recourse if service is performed negligently or fraudulently. Evidence of the corporate surety bond must be provided to the clerk of each court in which the person or entity executes service of process.
However, the process server is not required to furnish more than one bond to execute service in any state court in Nebraska. When service of process is made by an authorized process server, proof of service must be shown by affidavit, documenting the time, place, manner, and person served.
The cost of service of process is taxable as a court cost. When service is made by a person or entity other than a sheriff, the cost taxable as a court cost is the lesser of the actual amount incurred or the statutory fee set for sheriffs.
Methods of Service in Nebraska
Nebraska law recognizes several acceptable methods for serving process, with personal service being the most common and preferred method. Personal service involves physically delivering legal documents to the person to be served.
This can occur at the individual's home, place of employment, or anywhere else the person can be found. The server must identify the individual being served and provide them with the legal documents.
If the individual refuses to accept the documents, they can be left in the person's presence. This ensures that the person receives notice even if they attempt to avoid service.
Residence service provides an alternative when personal service proves difficult. Under this method, the process server may leave the summons at the usual place of residence of the individual to be served, with some person of suitable age and discretion residing therein.
The concept of suitable age and discretion generally means an adult household member who understands the importance of the documents and can ensure they reach the intended recipient. This method balances the need for proper notice with practical considerations when individuals are difficult to locate.
Service by Certified Mail
Certified mail service offers another option for serving process in Nebraska. Within ten days of issuance, the summons is sent to the defendant by certified mail with a return receipt requested, showing to whom and where delivered and the date of delivery.
The plaintiff or plaintiff's attorney must file proof of service with the signed receipt attached within ten days after return of the signed receipt. This method provides documented proof of delivery while being less confrontational than personal service.
Service is complete upon mailing when using certified mail, though the signed receipt must be filed to prove service was accomplished. This method works particularly well when serving parties who have known addresses but may be difficult to locate for personal service.
Failure to make service by the method elected by the plaintiff does not affect the validity of the service, provided service is ultimately accomplished through an acceptable method. This flexibility allows parties to adapt their service strategy when initial attempts prove unsuccessful.
Service on Different Types of Parties
Nebraska statutes provide specific procedures for serving different categories of defendants. Service on individuals follows the general methods described above, with special provisions for minors under age fourteen.
A party under fourteen years of age may be served by personal, residence, or certified mail service upon an adult person with whom the minor resides who is the minor's parent, guardian, or person having care of the minor. If none of these can be found, the minor may be served by personal service.
Corporations may be served by personal, residence, or certified mail service upon any officer, director, managing agent, or registered agent. Service may also be accomplished by leaving the process at the corporation's registered office with a person employed therein.
Alternatively, service on corporations may be made by certified mail service to the corporation's registered office. This ensures corporations receive notice through responsible personnel who can properly respond to legal actions.
Service on Partnerships and Associations
Partnerships or limited partnerships may be served by personal, residence, or certified mail service upon any partner except a limited partner. Service may also be accomplished by certified mail service at the usual place of business.
The process may also be left at the usual place of business with an employee of the partnership. These provisions recognize the business structure of partnerships while ensuring effective notice.
An unincorporated association may be served by personal, residence, or certified mail service upon an officer or managing agent. Service may also be made by certified mail service to the association at its usual place of business.
Alternatively, the process may be left at the usual place of business with an employee of the unincorporated association. This accommodates the organizational structure of associations while maintaining proper notice standards.
Service on Government Entities
The State of Nebraska, state agencies, and state employees sued in official capacity require special service procedures. Service may be accomplished by leaving the summons at the office of the Attorney General with the Attorney General, deputy attorney general, or someone designated in writing by the Attorney General.
Service may also be made by certified mail service addressed to the office of the Attorney General. This centralized approach ensures the state receives proper notice while streamlining the service process.
Any county, city, or village of Nebraska may be served by personal, residence, or certified mail service upon the chief executive officer or clerk. This provides clear guidance for serving municipal entities.
Any political subdivision of Nebraska, other than a county, city, or village, may be served by personal, residence, or certified mail service upon the chief executive officer, clerk, secretary, or other official whose duty it is to maintain official records. Service may also be made on any member of the governing board or body, or by certified mail to the principal office.
Proof of Service Requirements
After completing service of process, the server must provide proof of service to the court. Within twenty days after the date of issue, the person serving the summons other than by certified mail must make proof of service to the court.
This proof must state the time, place including the address if applicable, name of the person with whom the summons was left, and method of service. If service cannot be completed, the server must return the unserved summons to the court with a statement of the reason for failure to serve.
When service is by certified mail, the plaintiff or plaintiff's attorney must file proof of service within ten days after return of the signed receipt. This proof includes the receipt showing delivery.
Failure to make proof of service or delay in doing so does not affect the validity of the service itself. However, timely filing helps ensure the case proceeds smoothly and defendants receive proper notice of deadlines for responding.
The affidavit of service serves as the official record documenting that proper notice was provided. This document becomes critically important if service is later challenged.
Importance of Proper Service Documentation
Courts carefully scrutinize service of process because improper service violates due process rights and can invalidate subsequent proceedings. Therefore, process servers must meticulously follow all statutory requirements and accurately document their service efforts.
The affidavit of service should include detailed information about the date, time, location, and manner of service. It should identify the person served or the person with whom documents were left in the residence service.
Any irregularities or challenges encountered during the service attempt should be noted. This comprehensive documentation protects against later challenges and demonstrates good faith compliance with procedural requirements.
Process servers in Nebraska should maintain detailed records of all service attempts, including unsuccessful efforts. These records may prove valuable if substitute service or service by publication becomes necessary.
Service by Publication and Substitute Service
When traditional service methods fail, Nebraska law provides for substitute and constructive service. Upon motion and showing by affidavit that service cannot be made with reasonable diligence by any other method provided by statute, the court may order alternative service methods.
Service by publication requires publishing notice in a legal newspaper in the county where the action is pending. The notice must be published once each week for at least four consecutive weeks.
The publication must contain a summary statement of the object and prayer of the petition, mention the court wherein it is filed, and notify the person to be served when they are required to answer. A legal newspaper must have a bona fide circulation of at least three hundred paid subscriptions weekly.
Additionally, Nebraska law requires that within five days after the first publication of notice, the party instituting the action must send by United States mail a copy of the published notice to each party appearing to have a direct legal interest whose name and post office address are known.
Proof of Service by Publication
Proof by affidavit of the mailing of notice must be filed within ten days after mailing. The affidavit must state that after diligent investigation and inquiry, the party and attorney were unable to ascertain the post office address of any other interested party besides those to whom notice was mailed.
Service by publication is deemed complete when it has been made in the prescribed manner and for the required time. Such service must be proved by the affidavit of the printer, foreman, principal clerk, or other person knowing the same.
It is not necessary to serve notice by publication upon any competent person, fiduciary, partnership, or corporation who has waived notice in writing, entered a voluntary appearance, or has been personally served with summons in the proceeding.
Service by publication represents a method of last resort, used only when defendants cannot be located through reasonable diligence. Courts require strict compliance with publication requirements to protect due process rights.
Long-Arm Jurisdiction and Service Outside Nebraska
Nebraska's long-arm statute allows courts to exercise jurisdiction over nonresidents who have sufficient minimum contacts with the state. When the exercise of personal jurisdiction is authorized, service may be made outside Nebraska.
Service outside the state may be made in the manner prescribed for service within Nebraska. Alternatively, service may be made in the manner prescribed by the law of the place where service is made for service in that place.
Service may also be made as directed by foreign authority in response to a letter rogatory, or as directed by the court. These provisions ensure Nebraska courts can properly serve defendants located outside the state.
Proof of service outside Nebraska may be made by affidavit of the individual who made service. Proof may also be made in the manner prescribed by Nebraska law, the order pursuant to which service is made, or the law of the place where service is made.
Filing Requirements and Serving Pleadings
After the initial complaint and service of summons, parties must continue to serve and file pleadings and other documents according to Nebraska rules of civil procedure. Unless otherwise provided, each pleading filed after the original complaint must be served on every party.
Written motions, notices, discovery documents required to be served, and similar documents must be served on all parties. If a party is represented by an attorney, service must be made on the attorney unless the court orders service on the party directly.
Documents may be served by handing them to the person, leaving them at the person's office with appropriate personnel, mailing them to the person's address, or sending them by email if an email address has been provided. Service is complete upon mailing or sending, though email service is not effective if the sender learns it did not reach the recipient.
Discovery documents, including depositions, interrogatories, requests for documents, and similar materials, generally must not be filed unless they are relevant to a motion or the court orders them to be filed. This prevents unnecessary filing of voluminous discovery materials.
Witness Subpoenas and Attendance
Clerks of various courts and county court judges shall issue subpoenas for witnesses upon application of any person having a cause pending in court. A subpoena may be served by any person not interested in the action, or by a sheriff, coroner, or constable.
When served by any person other than a public officer, proof of service must be shown by affidavit. However, no costs of service are allowed except when served by an officer.
The subpoena must be directed to the person named, requiring attendance at a particular time and place to testify as a witness. A subpoena may contain a clause directing a witness to bring any book, writing, or other thing under control that the law requires to be produced as evidence.
Witnesses in civil cases cannot be compelled to attend a trial outside the state where they are served or at a distance of more than one hundred miles from their residence or place of service, unless within the same county. Witnesses cannot be obliged to attend a deposition outside the county of residence or service.
Special Considerations for Witness Service
A district court or county court judge may, for good cause shown and upon deposit of sufficient money to pay legal fees, mileage, and reasonable expenses, order a subpoena requiring trial attendance from a greater distance within the state.
The subpoena must show it is issued under these special provisions. After appearance, the judge shall enter an order directing payment to the witness from the deposit for legal fees, mileage, and actual expenses for hotel and meals incurred.
If the deposit is not adequate, the judge shall direct the party procuring the subpoena to pay the deficiency to the witness. This ensures witnesses are not unduly burdened by attendance requirements.
Mileage is computed at the rate provided by statute. The subpoena must be served either personally or by mailing a copy by registered or certified mail not less than six days before the trial day.
Voluntary Appearance and Default
The voluntary appearance of a party is equivalent to service of process. A party may file a voluntary appearance, waiving formal service requirements and submitting to the court's jurisdiction.
Prior to filing any other pleading or motion, a special appearance may be made for the purpose of objecting to the jurisdiction of the court over the person of the defendant. The defendant's assertion of a claim for affirmative relief waives any objection that the court erred in overruling the special appearance.
No service is required on a party who is in default for failing to appear, unless the document is a motion for entry of a default judgment or a notice of hearing on such motion. If a pleading asserts a new claim for relief against a defaulted party, that pleading must be served in the manner provided for service of summons.
Understanding when service requirements continue despite default helps ensure proper notice of significant developments in the case. Default does not eliminate all service obligations, particularly when new claims or judgments are sought.
Opening Judgments Based on Constructive Service
A party against whom a judgment or order has been rendered without other service than by publication may, at any time within five years after the date of judgment, have the same opened and be let in to defend.
Before the judgment shall be opened, the applicant must give notice to the adverse party, file a full answer to the petition, pay all costs if required by the court, and make it appear by affidavit that during the pendency of the action the applicant had no actual notice in time to appear and make a defense.
The title to any property that has passed to a purchaser in good faith by virtue of the judgment shall not be affected by proceedings to open the judgment. This protects innocent third parties who relied on apparently valid judgments.
The adverse party may present counter-affidavits showing that the applicant had notice during the pendency of the action in time to make a defense. This provides balance in evaluating whether the judgment should be opened.
Frequently Asked Questions About Nebraska Legal Process
Who can serve process in Nebraska?
Any person twenty-one years of age or older may serve process in Nebraska, provided they are not a party to the action, not related to a party, do not have an interest in the action, and are not a public official whose duties include service of process. Additionally, corporations, partnerships, and limited liability companies meeting these requirements may serve process. All process servers except sheriffs must furnish a corporate surety bond of fifteen thousand dollars. Professional process servers are commonly used to ensure proper service and compliance with all legal requirements.
What are the acceptable methods of serving process in Nebraska?
Nebraska recognizes three primary methods of serving process. Personal service involves physically delivering documents to the person to be served. Residence service allows leaving the summons at the person's usual residence with someone of suitable age and discretion. Certified mail service involves sending the summons by certified mail with return receipt requested within ten days of issuance. The plaintiff may elect any of these methods, and failure to complete service by the chosen method does not invalidate service if accomplished through another acceptable method.
How long does a process server have to complete service in Nebraska?
A process server must make proof of service to the court within twenty days after the date of issue when serving by personal or residence service. For certified mail service, the plaintiff or attorney must file proof of service within ten days after return of the signed receipt. If service cannot be completed, the unserved summons must be returned to the court with a statement of the reason for failure within the same twenty-day period. Failure to make proof of service within these timeframes does not affect the validity of service but may delay case proceedings.
What happens if traditional service methods fail in Nebraska?
When service cannot be made with reasonable diligence by traditional methods, a party may petition the court for substitute or constructive service. Upon motion and affidavit showing diligent efforts to serve the defendant, the court may order service by publication in a legal newspaper. The notice must be published once each week for at least four consecutive weeks. Additionally, within five days after first publication, a copy must be mailed to any party whose address is known. Service by publication represents a last resort when defendants cannot be located through reasonable efforts.
Can Nebraska courts exercise jurisdiction over out-of-state defendants?
Yes, Nebraska's long-arm statute allows courts to exercise jurisdiction over nonresident defendants who have sufficient minimum contacts with the state. When personal jurisdiction is authorized, service may be made outside Nebraska. Service outside the state may be accomplished in the manner prescribed for service within Nebraska, in the manner prescribed by the law of the place where service is made, or as directed by the court. Proof of service must be made by affidavit or in the manner prescribed by applicable law. The defendant must have minimum contacts with Nebraska such that maintenance of the suit does not offend traditional notions of fair play and substantial justice.