reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-329 - Intervention; judgment; costs.

25-329.
Intervention; judgment; costs.
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.
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).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-330 - Intervention; complaint; other pleadings.

25-330.
Intervention; complaint; other pleadings.
The intervention shall be by complaint, which shall set forth the facts on which the intervention rests, and all the pleadings therein shall be governed by the same rules as other pleadings provided for in Chapter 25. If such complaint is filed during term, the court shall direct the time in which answers thereto shall be filed.
Source
Laws 1887, c. 100, § 4, p. 656;
R.S.1913, § 7611;
C.S.1922, § 8554;
C.S.1929, § 20-330;
R.S.1943, § 25-330;
Laws 2002, LB 876, § 10.
Annotations
A parent in a juvenile action does not need to follow the intervention procedures set forth in this section and sections 25-328 and 25-329 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).
Seeking leave to intervene by motion, and not by complaint, is not a procedural bar to intervention under this section. State ex rel. Lanman v. Board of Cty. Commissioners, 277 Neb. 492, 763 N.W.2d 392 (2009).
One of the purposes of requiring a petition by a third party to a litigation to intervene is that the petition will frame the issues and interests regarding the intervening party. In re Interest of Kiana T., 262 Neb. 60, 628 N.W.2d 242 (2001).
An intervener must plead some interest in the subject matter of the litigation; a mere denial of plaintiff's right is not sufficient to give him standing in court. Drainage Dist. No. 1 of Lincoln County v. Kirkpatrick-Pettis Co., 140 Neb. 530, 300 N.W. 582 (1941).
Statute should be liberally construed but must be substantially followed and applicant must bring himself within its provisions. 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).
May intervene as matter of right before trial. In re Estate of Keller, 101 Neb. 115, 162 N.W. 511 (1917).
An intervener whose petition does not state facts sufficient to constitute a cause of action, and who does not pray for any judgment which the court has jurisdiction to render, should be dismissed from the action. Iodence v. Peters, 64 Neb. 425, 89 N.W. 1041 (1902).
Where filed without leave, court may decide question of intervention with main issue. State ex rel. Bugbee v. Holmes, 59 Neb. 503, 81 N.W. 512 (1900).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-402 - Local actions involving real estate located in more than one county.

25-402.
Local actions involving real estate located in more than one county.
If the real property, the subject of the action, be an entire tract, and situated in two or more counties, or if it consists of separate tracts situated in two or more counties, the action may be brought in any county in which any tract or part thereof is situated, unless it be an action to recover the possession thereof. And if the property be an entire tract, situated in two or more counties, an action to recover the possession thereof may be brought in either of such counties; but if it consists of separate tracts in different counties, the possession of such tracts must be recovered by separate actions brought in the counties where they are situated.
Source
R.S.1867, Code § 52, p. 401;
R.S.1913, § 7613;
C.S.1922, § 8556;
C.S.1929, § 20-402;
R.S.1943, § 25-402.
Cross References
For provisions on designation of defendants, see section 25-312.
Annotations
The district court for the county wherein real estate is situated is not without jurisdiction to hear and determine actions to quiet title to, or partition same. Page v. Buchfinck, 196 Neb. 135, 242 N.W.2d 610 (1976).
Where none of the defendants have or claim any interest adverse to plaintiff in the property situated in the county in which the action is brought, the court has no jurisdiction over land of such defendants in another county. Lippincott v. Wolski, 147 Neb. 930, 25 N.W.2d 747 (1947).
An action to foreclose a mortgage on the entire tract may be brought in any county in which any part thereof is situated. State Bank of Nebraska v. Green & Redick, 11 Neb. 303, 9 N.W. 36 (1881).
Section is discussed. Atchison, T. & S. F. Ry. Co. v. Drayton, 292 F. 15 (8th Cir. 1923).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-403 - Action for specific performance of land contract.

25-403.
Action for specific performance of land contract.
An action to compel the specific performance of a contract of sale of real estate may be brought in the county where the defendants or any of them reside; but if all the defendants are nonresidents of the state, it may be brought in the county where the real estate or some part thereof is situated.
Source
R.S.1867, Code § 53, p. 401;
R.S.1913, § 7614;
C.S.1922, § 8557;
C.S.1929, § 20-403;
R.S.1943, § 25-403.
Cross References
For provisions on designation of defendants, see section 25-312.
Annotations
Action for specific performance was properly brought where defendants resided. Smith v. Hornkohl, 166 Neb. 702, 90 N.W.2d 347 (1958).
The word "may" in this statute does not mean "must," and suit for specific performance may be brought in any county where parties are properly before the court. Department of Banking v. Stenger, 132 Neb. 576, 272 N.W. 403 (1937).
Specific performance is transitory; may be brought in any county where necessary parties properly before court. Pollard v. Larson, 115 Neb. 136, 211 N.W. 998 (1927).
Action to cancel contract for purchase of corporate stock is transitory; although part of relief asked relates to mortgages, action need not be brought in county where mortgaged land is located. Scow v. Bankers Fire Ins. Co., 109 Neb. 241, 190 N.W. 858 (1922).
Defendant residing where action is brought must be necessary party. Behr v. Willard, 11 Neb. 601, 10 N.W. 525 (1881).
Section is discussed. Atchison, T. & S. F. Ry. Co. v. Drayton, 292 F. 15 (8th Cir. 1923).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-403.01 - Actions; venue; transfer; payment of expenses.

25-403.01.
Actions; venue; transfer; payment of expenses.
Any action, other than the actions mentioned in sections 25-401 to 25-403, may be brought (1) in the county where any defendant resides, (2) in the county where the cause of action arose, (3) in the county where the transaction or some part of the transaction occurred out of which the cause of action arose, or (4) if all defendants are nonresidents of this state, in any county. When an action has been commenced in any other county, the court in which the action has been commenced shall have jurisdiction over the action, but upon timely motion by a defendant, the court shall transfer the action to the proper court in a county in which such action might have been properly commenced. The court in the county to which the action is transferred, in its discretion, may order the plaintiff or the plaintiff's attorney to pay to the defendant all reasonable expenses, including attorney's fees, incurred by the defendant because of the improper venue or in proceedings to transfer the action.
Source
Laws 1986, LB 529, § 23.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-403.02 - Venue; residency; determination.

25-403.02.
Venue; residency; determination.
For purposes of venue, the following definitions shall apply:
(1) Any private corporation organized under the laws of this state and any foreign corporation authorized to transact business in this state is a resident of any county in which it has its registered office or other office or is doing business. A foreign corporation not authorized to transact business in this state is not a resident of this state;
(2) A partnership sued in its firm name is a resident of any county in which any partner resides or in which the partnership has an office or is doing business. If all partners are nonresidents of this state and the partnership does not have an office or do business in this state, the partnership is not a resident of this state;
(3) A voluntary unincorporated association sued in its own name is a resident of any county in which the association has an office or in which any officer of the association resides. If it has no office in this state and no officer resides in this state, the voluntary unincorporated association is not a resident of this state; and
(4) A limited liability company organized under the laws of this state and any foreign limited liability company authorized to transact business in this state is a resident of any county in which it has its registered office or other office or is doing business. A foreign limited liability company not authorized to transact business in this state is not a resident of this state.
Source
Laws 1986, LB 529, § 24;
Laws 1993, LB 121, § 166.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-411 - Change of venue; procedure; effect; expenses.

25-411.
Change of venue; procedure; effect; expenses.
When an order is made transferring a cause for trial, as provided in section 25-410, the clerk of the court must transmit the pleadings and papers therein to the clerk of the court to which it is transferred; and in every such case, all expenses of such trial which would be chargeable to the county in which the suit originated had the cause been tried therein, as determined by the district judge of the county to which said cause has been transferred, shall be a charge upon the county in which the suit was commenced. The court to which an action is transferred shall have and exercise over the same the like jurisdiction as if it had been originally commenced therein.
Source
G.S.1873, c. 57, § 3, p. 712;
R.S.1913, § 7622;
C.S.1922, § 8565;
C.S.1929, § 20-411;
Laws 1935, c. 43, § 1, p. 162;
C.S.Supp.,1941, § 20-411;
R.S.1943, § 25-411.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-412 - Change of venue in local actions involving real estate; transfer and entry of judgment.

25-412.
Change of venue in local actions involving real estate; transfer and entry of judgment.
When an action affecting the title or possession of real estate has been brought in or transferred to any court of a county, other than the county in which the real estate or some portion of it is situated, the clerk of such court must, after final judgment therein, certify such judgment under his or her seal of office, and transmit the same to the corresponding court of the county in which the real estate affected by the action is situated. The clerk receiving such copy must file and record such judgment in the records of the court, briefly designating it as a judgment transferred from ......... court (naming the proper court).
Source
G.S.1873, c. 57, § 4, p. 712;
R.S.1913, § 7623;
C.S.1922, § 8566;
C.S.1929, § 20-412;
R.S.1943, § 25-412;
Laws 2018, LB193, § 7.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-412.01 - Criminal cases; counties of 4,000 population or less; inadequate facilities; change of venue.

25-412.01.
Criminal cases; counties of 4,000 population or less; inadequate facilities; change of venue.
Any criminal case pending in either the county court or the district court in any county having a population of four thousand or less and not having adequate facilities for the trial of jury cases acceptable to the county and district judges may be tried in any adjoining county with the same effect as if tried in the county where the offense was committed.
Source
Laws 1975, LB 97, § 1;
R.S.1943, (1985), § 24-901.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-412.02 - Civil cases; counties of 4,000 population or less; inadequate facilities; change of venue.

25-412.02.
Civil cases; counties of 4,000 population or less; inadequate facilities; change of venue.
Any civil case pending in either the county court, the Nebraska Workers' Compensation Court, or the district court in any county having a population of four thousand or less and not having adequate facilities for the trial of jury or other contested cases may be tried in any adjoining county with the same effect as if tried in the county in which the case was filed or venued.
Source
Laws 1975, LB 97, § 2;
Laws 1986, LB 811, § 13;
R.S.Supp.,1988, § 24-902.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-412.03 - County board; agreements for criminal and civil trials.

25-412.03.
County board; agreements for criminal and civil trials.
The county board of any county described in section 25-412.01 or 25-412.02 may enter into an agreement under the Interlocal Cooperation Act with the county board of another county or other counties for the trial of all contested criminal and civil cases, whether or not a jury trial has been requested. Any case subject to any such agreement shall be subject to the applicable provisions of law relating to changes of venue except as provided in section 25-412.04.
Source
Laws 1975, LB 97, § 3;
R.S.1943, (1985), § 24-903.
Cross References
Interlocal Cooperation Act, see section 13-801.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-412.04 - Criminal and civil trials; agreements for change of venue; jury; selection.

25-412.04.
Criminal and civil trials; agreements for change of venue; jury; selection.
The jury for any case to be tried pursuant to an agreement entered into under section 25-412.03 shall be selected from the county in which the case was first filed. The jury shall be selected in the manner prescribed in the Jury Selection Act. The summons shall direct attendance before the court by which the case is to be tried and the return thereof shall be made to the same court.
Source
Laws 1975, LB 97, § 4;
R.S.1943, (1985), § 24-904;
Laws 2020, LB387, § 36.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-413 - State, defined.

25-413.
State, defined.
As used in sections 25-413 to 25-417, unless the context otherwise requires, state shall mean any foreign nation, and any state, district, commonwealth, territory or insular possession of the United States.
Source
Laws 1969, c. 179, § 1, p. 769.
2023 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).
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-523 - Legal newspaper, defined; prior publications legalized.

25-523.
Legal newspaper, defined; prior publications legalized.
No newspaper shall be considered a legal newspaper for the publication of legal and other official notices unless the same shall have a bona fide circulation of at least three hundred paid subscriptions weekly, and shall have been published within the county for fifty-two successive weeks prior to the publication of such notice, and be printed, either in whole or in part, in an office maintained at the place of publication;
Provided,
that nothing in this section shall invalidate the publication in a newspaper which has suspended publication or been printed outside of the county, on account of fire, flood or other unavoidable accident, for not to exceed ten weeks, in the year last preceding the first publication of a legal notice, advertising or publication;
provided further,
that all publications made prior to May 22, 1941, in a newspaper which has, on account of flood, fire or other unavoidable accident, suspended publication or been printed in an office outside of the county, are hereby legalized;
provided further,
that all newspapers, otherwise complying herewith, which have, on account of flood, fire or other unavoidable accident, suspended publication or been printed in an office outside of the county, for not to exceed ten weeks in any year, are hereby legalized;
and provided further,
that the publication of legal or other official notices in the English language in foreign language newspapers published within the county for fifty-two successive weeks prior to the publication of such a notice, and printed either in whole or in part in an office maintained at the place of publication, shall also be legal.
Source
Laws 1915, c. 221, § 1, p. 490;
Laws 1919, c. 133, § 1, p. 309;
C.S.1922, § 8589;
C.S.1929, § 20-523;
Laws 1935, c. 40, § 1, p. 157;
Laws 1941, c. 31, § 1, p. 139;
C.S.Supp.,1941, § 20-523;
Laws 1943, c. 44, § 1(1), p. 189;
R.S.1943, § 25-523;
Laws 1972, LB 661, § 17.
Annotations
Mechanical act of printing legal newspaper may be performed outside county of place of publication. Wymore Arbor State, Inc. v. Korinek, 182 Neb. 557, 156 N.W.2d 24 (1968).
Particular requirements of this section need not be recited in printer's proof of publication. Seymour v. Lawson, 111 Neb. 770, 197 N.W. 623 (1926).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-527 - Procedure when defendants not all served.

25-527.
Procedure when defendants not all served.
Where the action is against two or more defendants, and one or more shall have been served, but not all of them, the plaintiff may proceed as follows: (1) If the action be against defendants jointly indebted upon contract, he may proceed against the defendant served, unless the court otherwise direct; (2) if the action be against defendants severally liable, he may, without prejudice to his rights against those not served, proceed against the defendants served in the same manner as if they were the only defendants.
Source
R.S.1867, Code § 84, p. 407;
R.S.1913, § 7648;
C.S.1922, § 8592;
C.S.1929, § 20-527;
R.S.1943, § 25-527.
Annotations
Action being for joint and several liability, it could proceed as to the defendants served, under this section. Bourne v. Baer, 107 Neb. 255, 185 N.W. 408 (1921).
Section is applicable to proceedings to revive joint judgment. Thornhill v. Hargreaves, 76 Neb. 582, 107 N.W. 847 (1906); Clark v. Commercial Nat. Bank of Columbus, 68 Neb. 764, 94 N.W. 958 (1903).
Where principal on injunction bond could not be found in county, it was proper to proceed against surety alone. Gyger v. Courtney, 59 Neb. 555, 81 N.W. 437 (1900).
Obligors on joint bond must be joined; may proceed against those served. Perkins County v. Miller, 55 Neb. 141, 75 N.W. 577 (1898); Young v. Joseph Bros. & Davidson, 5 Neb. Unof. 559, 99 N.W. 522 (1904).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-528 - Personal service upon appointed resident agent; appointment invalidates constructive service, when.

25-528.
Personal service upon appointed resident agent; appointment invalidates constructive service, when.
It shall be lawful for any person, association or corporation, owning or claiming any interest in or lien upon any real estate lying within this state, to make and file in the office of the register of deeds of the county in which such real estate is situated an appointment, in writing, of some person, who shall be a resident of the county in which said lands lie, upon whom process may be served in any suit, action or proceeding, concerning or affecting such real estate, to which such owner or claimant shall be made a party. Such appointment shall be acknowledged in the manner provided by law for the acknowledgment of deeds, and shall specifically describe the lands affected by such appointment. From and after the filing of such appointment as herein provided, service of any writ, summons, order or notice, in any suit, action or proceeding, concerning or affecting such real estate, shall be made upon the person so appointed and designated in such manner as may be provided by law for the service of process upon persons found in this state, and shall be held and taken to be a valid and effectual service upon such owner or claimant. A copy of such appointment, or of the record thereof, duly certified by the said register of deeds, shall be deemed sufficient evidence thereof. No service made by publication shall be valid in respect to any such owner or claimant, who shall have filed an appointment under the provisions of this article;
Provided,
such appointment may be at any time revoked by such owner or claimant, but such revocation shall be in writing duly acknowledged, and shall specifically describe the lands affected by such appointment, and filed and recorded in the office of the register of deeds of the county in which any such real property is situated.
Source
Laws 1877, § 1, p. 17;
R.S.1913, § 7649;
C.S.1922, § 8593;
Laws 1927, c. 65, § 1, p. 227;
C.S.1929, § 20-528;
R.S.1943, § 25-528.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-529 - Personal service upon appointed resident agent; appointment; recording and indexing; fees.

25-529.
Personal service upon appointed resident agent; appointment; recording and indexing; fees.
The register of deeds of each county shall record such appointment as shall be filed under the provisions of section 25-528 and any revocation thereof in the Miscellaneous Record, shall enter such instruments in the numerical index against the lands described therein, and shall be entitled to demand and receive fees as provided in section 33-109.
Source
Laws 1877, § 2, p. 18;
R.S.1913, § 7650;
C.S.1922, § 8594;
Laws 1927, c. 65, § 2, p. 228;
C.S.1929, § 20-529;
R.S.1943, § 25-529;
Laws 1984, LB 679, § 11;
Laws 2012, LB14, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-532 - Notice of judgment when property situated in more than one county.

25-532.
Notice of judgment when property situated in more than one county.
When any part of the real property, the subject matter of an action, is situated in any other county or counties than the one in which the action is brought, a certified copy of the judgment in such action must be recorded in the clerk's office of such other county or counties before it shall operate therein as a notice, so as to charge third persons as provided in section 25-531. It shall operate as such notice without record in the county where it is rendered; but this section shall not apply to actions or proceedings under any statute now in force which does not require such record.
Source
R.S.1867, Code § 86, p. 407;
R.S.1913, § 7652;
C.S.1922, § 8596;
C.S.1929, § 20-532;
R.S.1943, § 25-532.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-533 - Attachment and execution issued from another county; sheriff file notice.

25-533.
Attachment and execution issued from another county; sheriff file notice.
No levy of attachment or execution on real estate issued from any other county shall be notice to a subsequent vendee or encumbrancer in good faith, unless the sheriff has filed a notice on the record that the land, describing it, has been so attached or levied on, the cause in which it was so attached, and when it was done.
Source
Laws 1895, c. 73, § 2, p. 314;
R.S.1913, § 7653;
C.S.1922, § 8597;
C.S.1929, § 20-533;
R.S.1943, § 25-533;
Laws 2018, LB193, § 8.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-534 - Order, motion, or notice; service; delivery.

25-534.
Order, motion, or notice; service; delivery.
Whenever in any action or proceeding, any order, motion, notice, or other document, except a summons, is required by statute or rule of the Supreme Court to be served upon or given to any party, the service or delivery shall be made in accordance with the rules of pleading in civil actions promulgated by the Supreme Court pursuant to section 25-801.01.
Source
Laws 1959, c. 100, § 1, p. 420;
Laws 1981, LB 42, § 15;
Laws 2008, LB1014, § 8.
Annotations
This section did not apply when the defendant in a paternity action did not appear in the action. State v. Buckhalter, 273 Neb. 443, 730 N.W.2d 340 (2007).
Service of agency's final decision was completed upon mailing pursuant to this section rather than upon receipt of decision by petitioner's attorney. Roubal v. State, 14 Neb. App. 554, 710 N.W.2d 359 (2006).
Notice was satisfied when address used was correct but included wrong office designation and no evidence showed notice was not received. City of Lincoln v. MJM, Inc., 9 Neb. App. 715, 618 N.W.2d 710 (2000).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-535 - Person, defined.

25-535.
Person, defined.
As used in sections 25-535 to 25-541, person includes an individual, executor, administrator, personal representative, corporation, partnership, limited liability company, association, or other legal or commercial entity, whether or not a citizen or domiciliary of this state and whether or not organized under the laws of this state.
Source
Laws 1967, c. 143, § 1, p. 439;
Laws 1993, LB 121, § 167.
Annotations
Under this and succeeding sections where copies of complaint, summons, and interrogatories were sent by registered mail to limited partnership defendant at its foreign office, Nebraska long-arm statute was satisfied. Blum v. Kawaguchi, Ltd., 331 F.Supp. 216 (D. Neb. 1971).