Nebraska Service of Process Rules
Nebraska
State Serve Rules
Additional Rules
Additional rules - TM
Must file affidavit within 20 days of serve. Specially Appointed by the Court - Process Server’s Bond is acceptable.
Affidavit
Notary
Required
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Facility-specific policy
Service to a minor
<14, parent/guardian
Proof Specialists
Mirrors Fed Rules
No
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Permissible
Government substitute service
Yes, may serve a designated employee
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
Suitable age and discretion
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes (mail allowed also)
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - Servers
Must be served within 3 days of issuance, including weekends/holidays
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
No
Mail SLA
3
Posting Rules
Due Diligence Prior to Posting
Required (Diligenced affidavit required)
Posting
Permissible
Eviction Posting Rules
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
Yes
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Server
**By Whom Served.** Unless the plaintiff has elected service by certified mail, the summons shall be served by the sheriff of the county where service is made, by a person 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.
**Methods.** (1) Unless otherwise limited by statute or by the court, a plaintiff may elect to have service made by any of the following methods: (a) Personal service…, (b) Residence service … by leaving summons at the usual place of residence of the individual to be served, with some person of suitable age and discretion residing therein.
**Personal Service, Individual.** (1) An individual party, other than a person under 14 years of age, may be served by personal, residence, or certified mail service.
**Special Rules.** Special rules are prescribed for the following circumstances and the Server should consult with their Territory Manager for more details: 1) A person under the age of 14 years… (2) If the person to be served is incapacitated…
**Corporations.** A corporation may be served by personal, residence, or certified mail 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 service to the corporation’s registered office.
**Return of Service.** Within 20 days after the date of issue, the person serving the summons, other than by certified mail, shall make proof of service to the court stating the time, place, including the address if applicable, name of the person with whom the process 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.
