Nebraska State Process Server

$179 routine - $229 Rush

In Nebraska, the rules for service of process are governed by the Nebraska Rules of Civil Procedure and relevant statutes. Below are key points about service of process in Nebraska:

Who Can Serve Process

Service must be completed by:
- A sheriff or constable.
- A court-appointed person who is at least 18 years old and not a party to the case.

Methods of Service

Personal Service
- Delivering the summons and complaint directly to the individual being served.
Substituted Service
- If the person cannot be personally served, documents can be left at their residence with someone of suitable age and discretion who resides there.
Service by Certified Mail
- Service may be completed by sending documents via certified mail, with a return receipt requested. The receipt must be filed with the court.
Service on Corporations
- Serve the registered agent of the corporation.
- If no agent is available, service can be made on a corporate officer or as permitted by Nebraska statutes.
Service by Publication
- Allowed only when the individual cannot be located after due diligence. This method must be authorized by the court.

Time Frame for Service

Nebraska requires service of the summons and complaint within six months of filing the lawsuit, unless the court grants an extension for good cause.

Proof of Service

Proof of service must be filed with the court, which can be:
- A sheriff’s return.
- An affidavit by the server.
- The signed return receipt for service by certified mail.

Special Considerations

Out-of-State Defendants: Nebraska allows service on individuals outside the state, provided it complies with Nebraska laws and the rules of the state where the individual resides.
Evading Service: Courts may authorize alternative service methods if the individual is evading service.

Statutory References

Neb. Rev. Stat. § 25-505.01: Details personal and alternative methods of service.
Neb. Rev. Stat. § 25-506.01: Governs service by mail.

Neb. Rev. Stat. § 25-517.02: Covers service on out-of-state defendants.