reglab/housing_qa huggingface dataset:
NE Code § 25-414 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-414 - Choice of forum; jurisdiction; conditions.

25-414.  Choice of forum; jurisdiction; conditions.(1) If the parties have agreed in writing that an action on a controversy may be brought in this state and the agreement provides the only basis for the exercise of jurisdiction, a court of this state will entertain the action if (a) the court has power under the law of this state to entertain the action; (b) this state is a reasonably convenient place for the trial of the action; (c) the agreement as to the place of the action was not obtained by misrepresentation, duress, the abuse of economic power, or other unconscionable means; and (d) the defendant, if within the state, was served as required by law of this state in the case of persons within the state or, if without the state, was served either personally or by certified mail directed to his last-known address.(2) This section does not apply to cognovit clauses, to arbitration clauses, or to the appointment of an agent for the service of process pursuant to statute or court order.Source  Laws 1969, c. 179, § 2, p. 769.Annotations  This section applies where the court would have no jurisdiction but for the fact that the parties have consented to its exercise by the choice of forum agreement. Ameritas Invest. Corp. v. McKinney, 269 Neb. 564, 694 N.W.2d 191 (2005). This section raises a jurisdictional barrier to the enforcement of a contractual choice of forum clause that does not meet the requirements of the Model Uniform Choice of Forum Act. Ameritas Invest. Corp. v. McKinney, 269 Neb. 564, 694 N.W.2d 191 (2005). This section was intended to prevent a court from exercising jurisdiction where that exercise would result in injustice or in substantial inconvenience to the parties. Ameritas Invest. Corp. v. McKinney, 269 Neb. 564, 694 N.W.2d 191 (2005). Although employee's contract specifically made Nebraska the exclusive venue for legal proceedings, employee did not breach venue clause of contract by bringing suit in another state, since Nebraska was not a reasonably convenient place for the action. Woodmen of the World Life Ins. Soc. v. Puccio, 1 Neb. App. 478, 499 N.W.2d 85 (1993). Subsection (1) of this section is an inherent part of every contract made in Nebraska. Woodmen of the World Life Ins. Soc. v. Puccio, 1 Neb. App. 478, 499 N.W.2d 85 (1993).
NE Code § 25-416 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-416 - Sections, how construed.

25-416.  Sections, how construed.Sections 25-413 to 25-417 shall be so construed as to effectuate their general purpose to make uniform the law of those states which enact them.Source  Laws 1969, c. 179, § 4, p. 770.
NE Code § 25-417 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-417 - Act, how cited.

25-417.  Act, how cited.Sections 25-413 to 25-417 may be cited as the Model Uniform Choice of Forum Act.Source  Laws 1969, c. 179, § 5, p. 770.
NE Code § 25-501 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-501 - Actions; how commenced.

25-501.  Actions; how commenced.A civil action must be commenced by filing a complaint in the office of the clerk of a proper court.Source   R.S.1867, Code § 62, p. 403;   Laws 1869, § 2, p. 63;   Laws 1871, § 1, p. 111;   R.S.1913, § 7624;   C.S.1922, § 8567;   C.S.1929, § 20-501;   R.S.1943, § 25-501;   Laws 1971, LB 576, § 9;   Laws 1979, LB 510, § 2;  Laws 2002, LB 876, § 12. Cross References   When action is deemed commenced, see section 25-217.  Workers' compensation cases, petition, filing, contents, see section 48-173. Annotations  When disbarred attorney commenced action, dismissal was proper. Niklaus v. Abel Construction Co., 164 Neb. 842, 83 N.W.2d 904 (1957). A writ of replevin which is quashed or dismissed does not give the court jurisdiction to continue with the action. Tiedtke v. Whalen, 133 Neb. 301, 275 N.W. 79 (1937). It is not essential that action be denominated either in law or in equity; if facts pleaded constitute cause of action or defense, courts will award relief. Rhoads v. Columbia Fire Underwriters Agency, 128 Neb. 710, 260 N.W. 174 (1935). Cited in case involving amendment of summons on appeal from compensation award. Keil v. Farmers Irr. Dist., 119 Neb. 503, 229 N.W. 898 (1930). Action is deemed commenced as to defendant, at date of summons which is served upon him. Ramirez v. Chicago, B. & Q. R. R. Co., 116 Neb. 740, 219 N.W. 1 (1928). One not served with process in an action, who does not appear in person, or by attorney, is not bound by judgment rendered therein. Lipps v. Panko, 93 Neb. 469, 140 N.W. 761 (1913). New summons is unnecessary on amendment of petition if same causes of action are preserved. Schuyler Nat. Bank v. Bollong, 28 Neb. 684, 45 N.W. 164 (1890).
NE Code § 25-502.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-502.01 - Praecipe for summons.

25-502.01.  Praecipe for summons.The plaintiff shall file with the clerk of the court a praecipe for summons stating the name and address of each party to be served and the manner of service for each party. Upon written request of the plaintiff, separate or additional summonses shall be issued.Source   Laws 1983, LB 447, § 19;   Laws 1984, LB 845, § 20.
NE Code § 25-503.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-503.01 - Summons.

25-503.01.  Summons.(1) The summons shall be directed to the defendant or defendants, and contain the names of the parties and the name and address of the plaintiff's attorney, if any, otherwise the address of the plaintiff. It shall notify defendant that in order to defend the lawsuit an appropriate written response shall be filed with the court within thirty days after service, and that upon failure to do so the court may enter judgment for the relief demanded in the complaint.(2) A judgment by default shall not be different in kind from that demanded in the complaint. If only special damages are demanded a judgment by default shall not exceed the amount demanded in the complaint.Source   Laws 1983, LB 447, § 20;  Laws 2002, LB 876, § 13.  Cross References  Workers' compensation cases, court issues summons, see sections 48-174 and 48-190.
NE Code § 25-504.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-504.01 - Summons and complaint; service.

25-504.01.  Summons and complaint; service.A copy of the complaint shall be served with the summons, except when service is by publication. The plaintiff shall deliver to the clerk sufficient copies of the complaint at the time it is filed.Source   Laws 1983, LB 447, § 21;  Laws 2002, LB 876, § 14.
NE Code § 25-506.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-506.01 - Process; by whom served.

25-506.01.  Process; by whom served.(1) Unless the plaintiff has elected certified mail service or designated delivery service, the summons shall be served by the sheriff of the county where service is made, by a person authorized by section 25-507 or otherwise authorized by law, or by a person, corporation, partnership, or limited liability company not a party to the action specially appointed by the court for that purpose.(2) Certified mail service or designated delivery service shall be made by the plaintiff or plaintiff's attorney.Source   Laws 1983, LB 447, § 23;   Laws 1994, LB 1224, § 36;  Laws 1999, LB 319, § 1;  Laws 2009, LB35, § 7;  Laws 2011, LB669, § 8. Cross References  Workers' compensation cases, manner and time of service, see sections 48-174, 48-175, 48-175.01, and 48-190.
NE Code § 25-507 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-507 - Process server; requirements; bond; cost.

25-507.  Process server; requirements; bond; cost.(1) In any county which does not have a person contracted as a constable pursuant to section 25-2229, any person twenty-one years of age or older or a corporation, partnership, or limited liability company that satisfies the requirements of subsection (2) of this section shall have the same power as a sheriff to execute any service of process or order.(2) Any person or entity may exercise the powers provided in subsection (1) of this section if such person or entity (a) is not a party to the action, (b) is not related to a party to the action, (c) does not have an interest in the action, (d) is not a public official employed by the county where service is made whose duties include service of process, and (e) furnishes a good and sufficient corporate surety bond in the sum of fifteen thousand dollars, such bond being conditioned upon such person or entity faithfully and truly performing the duties of process server.(3) Evidence of the corporate surety bond shall be provided to the clerk of each court in which such person or entity executes service of process or orders. Such person or entity is not required to furnish more than one bond to execute service of process or orders in any state court in the State of Nebraska. When service of process is made by such person or entity authorized by this section, proof of such service of process shall be shown by an affidavit.(4) The cost of service of process is taxable as a court cost, and when service of process is made by such person or entity other than a sheriff the cost taxable as a court cost is the lesser of the actual amount incurred for service of process or orders or the statutory fee set for sheriffs in section 33-117.Source Laws 1999, LB 319, § 2.
NE Code § 25-507.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-507.01 - Summons; proof of service; return date.

25-507.01.  Summons; proof of service; return date.(1) Within twenty days after the date of issue, the person serving the summons, other than by certified mail service or designated delivery service, shall make proof of service to the court stating the time, place, including the address if applicable, name of the person with whom the summons was left, and method of service, or return the unserved summons to the court with a statement of the reason for the failure to serve.(2) When service is by certified mail service or designated delivery service, the plaintiff or plaintiff's attorney shall file proof of service within ten days after the signed receipt is received or is available electronically, whichever occurs first.(3) Failure to make proof of service or delay in doing so does not affect the validity of the service.Source   Laws 1983, LB 447, § 24;  Laws 2009, LB35, § 8;  Laws 2011, LB669, § 9. Cross References  Workers' compensation cases, manner and time of service, see sections 48-174, 48-175, 48-175.01, and 48-190.
NE Code § 25-508.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-508.01 - Service on individual.

25-508.01.  Service on individual.(1) An individual party, other than a person under the age of fourteen years, may be served by personal, residence, certified mail, or designated delivery service.(2) A party under the age of fourteen years may be served by personal, residence, certified mail, or designated delivery service upon an adult person with whom the minor resides and who is the minor's parent or guardian or the person having care of the minor. If none of these can be found, a party under the age of fourteen years may be served by personal service.(3) If the person to be served is an incapacitated person for whom a conservator or guardian has been appointed or is confined in any institution, notice of the service shall be given to the conservator or guardian or the superintendent or similar official of the institution. Failure to give such notice does not affect the validity of the service on the incapacitated person.Source   Laws 1983, LB 447, § 25;  Laws 2011, LB669, § 10. Annotations  Department of Health and Human Services employees were not properly served in their individual capacities where the summonses were sent via certified mail to their place of employment, the certified mail receipts were signed for by an employee who was not authorized to sign on behalf of the employees, and the summonses were not received by the employees. Anthony K. v. State, 289 Neb. 523, 855 N.W.2d 802 (2014). Although subsection (3) of this section requires that where summons is served on an incapacitated person, notice of such service shall be given to the guardian, it also provides that failure to give such notice will not affect the validity of the service. In re Interest of A.M.K., 227 Neb. 888, 420 N.W.2d 718 (1988).
NE Code § 25-509.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-509.01 - Service on corporation.

25-509.01.  Service on corporation.A corporation may be served by personal, residence, certified mail, or designated delivery service upon any officer, director, managing agent, or registered agent, or by leaving the process at the corporation's registered office with a person employed therein, or by certified mail or designated delivery service to the corporation's registered office.Source   Laws 1983, LB 447, § 26;  Laws 2011, LB669, § 11. Cross References   For process and service on foreign insurance corporation, see sections 44-135, 44-2009 to 44-2013, and 44-5507.  Registered office of corporation, see sections 21-1934, 21-19,152, and 21-2031.
NE Code § 25-511 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-511 - Service on employee of the state.

25-511.  Service on employee of the state.Any employee of the state, as defined in section 81-8,210, sued in an individual capacity for an act or omission occurring in connection with duties performed on the state's behalf, regardless of whether the employee is also sued in an official capacity, must be served by serving the employee under section 25-508.01 and also by serving the state under section 25-510.02.Source Laws 2017, LB204, § 2.
NE Code § 25-511.02 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-511.02 - Service on dissolved corporation.

25-511.02.  Service on dissolved corporation.A dissolved corporation may be served by personal, residence, certified mail, or designated delivery service upon any appointed receiver. If there is no receiver, a dissolved corporation may be served by personal, residence, certified mail, or designated delivery service upon any person who at the time of dissolution was an officer, director, managing agent, or registered agent, or upon any officer or director designated in the last annual report filed with the Secretary of State.Source   Laws 1983, LB 447, § 28;  Laws 2011, LB669, § 13.
NE Code § 25-512.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-512.01 - Service on partnership.

25-512.01.  Service on partnership.A partnership or limited partnership may be served by personal, residence, certified mail, or designated delivery service upon any partner except a limited partner, or by certified mail or designated delivery service at its usual place of business, or the process may be left at its usual place of business with an employee of the partnership or limited partnership.Source   Laws 1983, LB 447, § 29;  Laws 2011, LB669, § 14. Cross References  Registration and agent for service of process of foreign limited partnerships, see section 67-281.
NE Code § 25-513.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-513.01 - Service on unincorporated association.

25-513.01.  Service on unincorporated association.An unincorporated association may be served by personal, residence, certified mail, or designated delivery service upon an officer or managing agent, or by certified mail or designated delivery service to the association at its usual place of business, or by leaving the process at its usual place of business with an employee of the unincorporated association.Source   Laws 1983, LB 447, § 30;  Laws 2011, LB669, § 15.
NE Code § 25-514.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-514.01 - Service on agent.

25-514.01.  Service on agent.Any party may be served by personal, residence, certified mail, or designated delivery service upon an agent authorized by appointment or by law to receive service of process.Source   Laws 1983, LB 447, § 31;  Laws 2011, LB669, § 16.
NE Code § 25-517.02 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-517.02 - Substitute and constructive service.

25-517.02.  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 permit service to be made (1) by leaving the process at the defendant's usual place of residence and mailing a copy by first-class mail to the defendant's last-known address, (2) by publication, or (3) by any manner reasonably calculated under the circumstances to provide the party with actual notice of the proceedings and an opportunity to be heard.Source  Laws 1983, LB 447, § 33.Cross References   Actions against unknown defendants, see section 25-321.  Actions to quiet title, see section 25-21,112 et seq. Annotations  Substitute service cannot be effectively completed by using certified mail; this section allows only for the use of first-class mail. Thornton v. Thornton, 13 Neb. App. 912, 704 N.W.2d 243 (2005). Substituted service based upon a false and misleading affidavit may be nullified. Where a parent was not given proper statutory notification of an adoption proceeding, the county court lacked jurisdiction to grant the adoption decree and the adoption was set aside. In re Adoption of Leslie P., 8 Neb. App. 954, 604 N.W.2d 853 (2000).
NE Code § 25-518.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-518.01 - Service by publication.

25-518.01.  Service by publication.Service may be made by publication (1) when such service is elsewhere provided for by statute or (2) when ordered by the court.Source  Laws 1983, LB 447, § 34.
NE Code § 25-520 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-520 - Service by publication; when complete; how proved; affidavit of publication.

25-520.  Service by publication; when complete; how proved; affidavit of publication.Service by publication shall be deemed complete when it shall have been made in the manner and for the time prescribed in section 25-519; and such service shall be proved by the affidavit of the printer or his foreman or principal clerk, or other person knowing the same.Source   R.S.1867, Code § 80, p. 406;   R.S.1913, § 7643;   C.S.1922, § 8586;   C.S.1929, § 20-520;   R.S.1943, § 25-520. Annotations  In tax foreclosure case, section is strictly construed. Armstrong v. Griffith, 94 Neb. 515, 143 N.W. 461 (1913). Service is complete upon distribution of paper containing its fourth successive weekly insertion. Claypool v. Robb, 90 Neb. 193, 133 N.W. 178 (1911). Any one having actual knowledge of facts may make affidavit. Taylor v. Coots, 32 Neb. 30, 48 N.W. 964 (1891). Court may permit amendment of affidavit to conform to facts. Britton v. Larson, 23 Neb. 806, 37 N.W. 681 (1888).
NE Code § 25-520.02 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-520.02 - Action or proceeding, defined.

25-520.02.  Action or proceeding, defined.The term action or proceeding means all actions and proceedings in any court and any action or proceeding before the governing bodies of municipal corporations, public corporations, and political subdivisions for the equalization of special assessments or assessing the cost of any public improvement.Source  Laws 1957, c. 80, § 2, p. 326. Annotations  The act, of which this section is a part, is not amendatory, but is new and independent legislation. Farmers Co-op. Mercantile Co. v. Sidner, 175 Neb. 94, 120 N.W.2d 537 (1963). Resolution of necessity for constructing a sewer system was not within purview of this section. Jones v. Village of Farnam, 174 Neb. 704, 119 N.W.2d 157 (1963). Statute does not contemplate personal notice must be given to a class on matters of general public concern. Lindgren v. School Dist. of Bridgeport, 170 Neb. 279, 102 N.W.2d 599 (1960).
NE Code § 25-520.03 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-520.03 - Sections, how construed.

25-520.03.  Sections, how construed.Sections 25-520.01 to 25-520.03 are intended by the Legislature to be cumulative and supplemental to existing legislation. They are deemed to be a matter of general statewide concern. Such sections apply to all parties authorized by law to give notice by publication, including the State of Nebraska, its governmental subdivisions, and all public and municipal corporations.Source  Laws 1957, c. 80, § 3, p. 326. Annotations The act, of which this section is a part, is not amendatory, but is new and independent legislation. Farmers Co-op. Mercantile Co. v. Sidner, 175 Neb. 94, 120 N.W.2d 537 (1963).
NE Code § 25-522 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-522 - Service by publication; designation of newspaper.

25-522.  Service by publication; designation of newspaper.It shall be the lawful right of any plaintiff or petitioner in any suit, action or proceeding, pending or prosecuted in any of the courts of this state, in which it is necessary to publish in a newspaper any notice or copy of an order, growing out of, or connected with, such action or proceeding, either by himself or his attorney of record, to designate in what newspaper such notice or copy of order shall be published; and it shall be the duty of the judges of the district court, county judges, or any other officer charged with the duty of ordering, directing or superintending the publication of any of such notices, or copies of orders, to strictly comply with such designations when made in accordance with the provisions of this section.Source   Laws 1909, c. 94, § 1, p. 399;   R.S.1913, § 7645;   C.S.1922, § 8588;   C.S.1929, § 20-522;   R.S.1943, § 25-522.