Nebraska Proof of Service
Nebraska limits personal and residence service of a summons to the sheriff, a county constable, a court-appointed non-party, or a bonded private server at least 21 years old, lets the plaintiff serve by certified mail or designated delivery, requires a sworn affidavit from any non-officer server, and drops an unserved defendant from the case by operation of law 180 days after filing.
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Introduction
Nebraska restricts service of a summons to the sheriff, a county-contracted constable, or a private server who is at least 21, not a party or relative of a party, has no interest in the case, and has filed a $15,000 bond with the clerk; this exists only in counties without a contracted constable, unless the court specially appoints a non-party server (Neb. Rev. Stat. sections 25-506.01, 25-507). A party cannot hand-deliver the summons, though the plaintiff or attorney may mail it for certified mail or designated delivery service. Nebraska publishes state form CC 3:21, Service Return; if the issuing court requires its own version, that court's form controls. A sheriff or constable's return needs no oath; any other server signs a sworn affidavit (section 25-507(3)). Methods are personal delivery, leaving the summons at the usual residence with someone of suitable age and discretion residing there, certified mail, and designated delivery service; the last two go out within 10 days of issuance, with the signed receipt filed as proof. Ordinary mail alone does not serve a summons. Each defendant must be served within 180 days after filing, or the claim is dismissed without prejudice by operation of law. Proof is generally due within 20 days, or 10 days after the receipt for certified mail or designated delivery. Later papers are served under Rule 6-1105; for papers not served through the court's e-service provider, the attorney or party who caused service files a certificate of service. Federal, foreign, and government service are not covered. Attorney review is available.
Key Things to Know
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Only the sheriff of the county, a county-contracted constable, a bonded private server at least 21 years old, or a court-appointed non-party may serve a Nebraska summons and complaint. Nebraska publishes a Service Return, form CC 3:21; if the issuing court requires its own version, that version controls (Neb. Rev. Stat. sections 25-506.01, 25-507; form CC 3:21).
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A private server must be at least 21, not a party or relative of a party, have no interest in the case, not be a county official whose duties include service, and have filed a $15,000 corporate surety bond with the clerk of each court where the person serves; this option exists only in counties without a contracted constable, unless the court specially appoints a non-party server (Neb. Rev. Stat. section 25-507(1)-(2); section 25-506.01(1)).
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A party cannot personally hand-deliver the summons for personal or residence service. The one exception is that for certified mail or designated delivery service, the plaintiff or the plaintiff's attorney does the mailing (Neb. Rev. Stat. section 25-506.01(2)).
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A sheriff or constable's return needs no oath or notarization, but any other server must sign a sworn affidavit stating the return is accurate under Neb. Rev. Stat. section 25-507(3).
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Ordinary mail alone does not serve a Nebraska summons. Certified mail service must be sent within 10 days of issuance with return receipt requested, and designated delivery service through a provider the State Court Administrator has designated must also be sent within 10 days with a signed delivery receipt; both require filing the signed receipt with the proof of service (Neb. Rev. Stat. section 25-505.01(1)(c)-(d), (3)).
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Each defendant must be properly served within 180 days after the action is filed, or the action against that defendant is dismissed without prejudice by operation of law the day after the 180 days run, with no motion needed from either side (Neb. Rev. Stat. section 25-217(2)-(3)).
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Proof of service is generally due within 20 days after the summons is issued, or within 10 days after the signed receipt becomes available for certified mail or designated delivery service; a late proof does not undo service actually completed. For later papers served under Rule 6-1105 other than through the court's e-service provider, the attorney or party who caused service files a certificate of service stating when and how service was made; discovery documents are generally not filed (Neb. Rev. Stat. section 25-507.01(1)-(3); Neb. Ct. R. Pldg. section 6-1105(d)(3)).
Key decisions before you file
Before you file a Proof of Service in Nebraska, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.
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Nebraska Requirements for Proof of Service
Bonded Private Server Must Be 21 or Older
A private process server must be at least 21, not a party or relative of a party, have no interest in the case, not be a county official whose duties include service, and file a $15,000 corporate surety bond with the court clerk; this option applies only in counties without a contracted constable (Neb. Rev. Stat. section 25-507(1)-(2)).
Party Barred From Personally Serving the Summons
A party cannot personally hand-deliver the summons for personal or residence service; that duty belongs to the sheriff, a constable, or a bonded, qualifying private server. The plaintiff or the plaintiff's attorney may do the mailing only for certified mail or designated delivery service (Neb. Rev. Stat. sections 25-507(2)(a), 25-506.01(2)).
Sworn Affidavit Required From a Non-Officer Server
Proof of service by anyone other than a sheriff or constable must be a sworn affidavit under Neb. Rev. Stat. section 25-507(3); an officer's return needs no oath.
State Service Return Form CC 3:21
Nebraska publishes the Service Return, form CC 3:21, and the Certified Mail Proof of Service, form CC 3:22; section 25-507.01 sets the required content of the proof, and if the issuing court requires its own version, that court's form controls.
Certified Mail Service Sent Within 10 Days With Return Receipt
Certified mail service of a summons must be sent within 10 days of issuance by certified mail with a return receipt requested, with proof of service filed together with the signed receipt showing to whom, where, and when it was delivered (Neb. Rev. Stat. section 25-505.01(1)(c)).
Designated Delivery Service as an Alternative Method
A summons may instead be sent within 10 days of issuance through a designated delivery service the State Court Administrator has listed, with a signed delivery receipt filed as proof of service (Neb. Rev. Stat. section 25-505.01(1)(d), (3)).
180-Day Deadline With Automatic Dismissal
Each defendant must be properly served within 180 days after the action is filed, or the action against that defendant is dismissed without prejudice by operation of law the day after the 180 days run, with no motion required (Neb. Rev. Stat. section 25-217(2)-(3)).
Proof-of-Service Filing Deadline
Proof of service is generally due within 20 days after the summons is issued, or within 10 days after the signed receipt becomes available for certified mail or designated delivery service; a late filing does not affect the validity of service already completed (Neb. Rev. Stat. section 25-507.01).
Certificate of Service for Later Papers
Later papers such as motions are served under Rule 6-1105 by hand delivery, leaving them at an office (or at a residence if there is no office or it is closed), mail, email, or a designated delivery service. For papers not served through the court's e-service provider, the attorney or party who caused service files a certificate of service stating when and how service was made; discovery documents are generally not filed (Nebraska Court Rules of Pleading in Civil Actions section 6-1105(b), (d)(3)).