Nebraska Rules of Civil Procedure

Nebraska's rules for serving a summons are in the Nebraska Revised Statutes, mainly sections 25-505.01 to 25-542. Private process servers are covered by Neb. Rev. Stat. § 25-507, which requires a $15,000 surety bond.

Nebraska doesn't license process servers. Instead, a private server must meet the requirements of § 25-507, or be specially appointed by the court for a case.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current statutes on the Nebraska Legislature site or ask an attorney before relying on it.

Nebraska process servers

• Become a process server in Nebraska
• Hire a process server in Nebraska

Quick facts: process serving in Nebraska

• Who can serve: The sheriff, a person who meets § 25-507, or a non-party specially appointed by the court (§ 25-506.01).
• Licensing: No license. A private server must be 21 or older, have no interest in the case, and post a $15,000 corporate surety bond (§ 25-507).
• Deadline to serve: Within 180 days after the complaint is filed, or the case is dismissed automatically as to that defendant (§ 25-217).
• Substituted service: Residence service is allowed by leaving the summons at the person's home with someone of suitable age and discretion who lives there (§ 25-505.01(1)(b)).
• Proof of service: Filed within 20 days after the summons is issued, stating the time, place, method and who received the papers (§ 25-507.01).
• Time to respond: 30 days after service (Neb. Ct. R. Pldg. § 6-1112(a)).

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Do you need a license to serve process in Nebraska?

No. Nebraska has no process server license. Under § 25-507, a person 21 or older, or a corporation, partnership or LLC, has the same power as a sheriff to serve process if they:

• Are not a party to the case
• Are not related to a party
• Have no interest in the case
• Are not a county official whose job includes serving process in that county
• Post a $15,000 corporate surety bond

Give evidence of the bond to the clerk of each court where you serve. One bond covers all Nebraska state courts. The statute applies in counties that don't have a constable contracted under § 25-2229, which applies only to counties of 100,000 or more people.

If you don't meet § 25-507, the court can still specially appoint a non-party to serve in a particular case (§ 25-506.01).

For a step-by-step guide, see Become a Process Server in Nebraska.

How to serve a summons in Nebraska

The plaintiff picks the method of service. Using a different method than the one elected doesn't make service invalid (§ 25-505.01(2)).

Personal service: § 25-505.01(1)(a)

The server leaves the summons with the person being served.

Residence service: § 25-505.01(1)(b)

The server leaves the summons at the person's usual place of residence with someone of suitable age and discretion who lives there.

Certified mail or designated delivery service: § 25-505.01(1)(c)-(d)

Within 10 days after the summons is issued, the plaintiff or their attorney sends it by certified mail with a return receipt, or by a designated delivery service with a signed delivery receipt. They then file proof of service with the signed receipt attached. Service by mail is made by the plaintiff or their attorney, not by a process server (§ 25-506.01(2)).

Court-ordered substitute service: § 25-517.02

If service can't be made by any other method with reasonable diligence, the plaintiff can file a motion and affidavit asking the court to allow:

• Leaving the papers at the defendant's usual residence and mailing a copy by first-class mail to their last known address
• Publication
• Any other method reasonably calculated to give the defendant actual notice

Service by publication: §§ 25-517.02 and 25-520.01

When publication is allowed, the plaintiff must mail a copy of the published notice to each known interested party within five days after the first publication. An affidavit of mailing must be filed within 10 days after mailing (§ 25-520.01).

Service outside Nebraska: § 25-540

Service outside the state must be reasonably calculated to give actual notice. It can be made the same way as in Nebraska, under the law of the place where service is made, by letter rogatory, or as the court directs (§ 25-540). Proof can be the server's affidavit.

Serving businesses and other entities

• Corporations (§ 25-509.01): Serve an officer, director, managing agent or registered agent by personal, residence, certified mail or designated delivery service. You can also leave the papers with an employee at the registered office, or mail them to the registered office.
• Partnerships (§ 25-512.01): Serve any general partner, mail the papers to the usual place of business, or leave them with an employee there.
• The State and state agencies (§ 25-510.02(1)): Leave the summons at the Attorney General's office with the Attorney General, a deputy, or a designated person, or send it by certified mail to that office.
• Counties, cities and villages (§ 25-510.02(2)): Serve the chief executive officer or the clerk.
• Other political subdivisions (§ 25-510.02(3)): Serve the chief executive officer, clerk, secretary, records officer or a board member, or mail to the principal office.

Look up registered agents with the Nebraska Secretary of State business search.

Serving a subpoena in Nebraska

A sheriff, constable, or any person 21 or older who isn't a party can serve a subpoena (§ 25-1223). Service is by leaving the subpoena with the person, or by certified mail with a return receipt (§ 25-1226). A trial subpoena must be served at least two days before the person must appear, unless the court shortens that time for good cause.

The witness fee for one day's attendance must be served with a trial subpoena, and the return of service must say whether it was (§ 25-1228). The fee in district and county court is $20 a day, plus mileage if the witness lives more than a mile from the courthouse (§ 33-139).

Proof of service

Under § 25-507.01:

• Personal or residence service: The person who served the summons files proof within 20 days after the summons was issued. It must state the time, place (including the address), method, and the name of the person who received the summons.
• Unsuccessful service: The server returns the summons to the court with the reason it wasn't served.
• Certified mail or designated delivery: The plaintiff or their attorney files proof within 10 days after the signed receipt is received.

A private server proves service by affidavit (§ 25-507(3)). Filing proof late doesn't make the service invalid.

Hire a Nebraska process server

Find process servers in Nebraska in the ServeNow Nebraska directory.

More Nebraska resources

• Become a Process Server in Nebraska
• Courts in Nebraska
• Nebraska Revised Statutes, Chapter 25 (Nebraska Legislature)
• Nebraska Court Rules of Pleading in Civil Cases (Nebraska Judicial Branch)

This page is a general overview of Nebraska law, not legal advice. Laws change. Check the current statutes or talk to an attorney about your case.