HOW TO SERVE LEGAL PAPERS IN NEBRASKA

This article will provide guidance on How To Serve legal papers in Nebraska. .A process server does not have to be licensed in Nebraska^[1].  A county without an A.] contracted constable^[2], [B.] any person twenty-one years of age or older, or [C.] corporation, partnership, or limited liability company has the same power as a sheriff to execute any service of process or order. However, any person or entity can qualify for the same as long as they are not a party to the action or related to said party and do not have an interest in the same. Furthermore, any public official employed by the county where service is made whose duties include Nebraska Process Service is not qualified.

Nebraska Process Service may be served on a person or entity who is not a party to the action, is not related to anyone in action, has no interest in the action, is not a public official employed by the county where service is made, and provides a satisfactory corporate surety bond for USD 15,000 to cover costs.

HOW TO SERVE LEGAL PAPERS ON AN INDIVIDUAL in nebraska

By hand-delivery, Nebraska Process Service can be made with a person of appropriate age and discretion, or electronic service via email, the summons is served. Personal service can be made by hand-delivery; residence service can be made by hand-delivery, with a person of appropriate age and discretion in residence; or electronic service.

When the summons is issued, it must be sent to the defendant through certified mail with a return receipt required within ten days of the summons’ issuance. The court must be provided with proof of service, which includes a signed receipt.  The form of Nebraska Process Service chosen by the plaintiff has no bearing on the validity of the claim. The plaintiff usually will serve the complaint by certified mail.

Any person or entity that is not a party in the action is not related to a party to the action, does not have any financial interest in the action, and provides a fifteen thousand dollar corporate surety bond as a condition for exercising the powers provided.

Proof of the corporate surety bond must be shown to the clerk in each court where Nebraska Process Service or orders is performed. The serving of a process or an order does not necessitate the posting of more than one bond in any Nebraska court. As proof of Nebraska Process Service, an affidavit must be provided by a person or organization authorized to do the same^[3].

Proof of service must be given to the court within twenty days unless the summons was served by certified mail, in which case it must be returned to the court with an explanation as to why it was not served.

how to serve legal papers by SUBSTITUTE Process SERVICE in nebraska

By United States mail, all parties with a direct legal interest in any action or proceeding must be served within five days^[4] of the first publication of notice^[5] with a copy of that publication that includes the party’s or party’s attorney name and postal address, along with reference to the publication date and time. After the notice is sent, the party or their counsel has ten days to give affidavit evidence of mailing to the official with whom filings in the action or process must be made. If the party and his counsel have done a thorough investigation and cannot identify or know the postal address of any other person who appears to have a direct legal interest in such action, the affidavit of sending of notice must contain that information. This clause does not apply to anybody who has waived notice in writing, attended willingly, or been physically served with a summons or notice as part of such a procedure^[6].

The plaintiff must produce proof of Nebraska Process Service in court two days after obtaining signed certification of service by certified mail from a defendant or a defendant’s counsel^[7]. There are no restrictions on how parties can be served except for those individuals under the age of fourteen who must be served in person^[8]. Anyone under the age of fourteen who is unable to be served via other forms of Nebraska Process Service may have their papers personally delivered.

When serving an incompetent person or someone confined in an institution that has been appointed as a conservator or guardian, notice must be given to the conservator or guardian or superintendent of the institution as per Nebraska Process Service. The inability of the impaired person to benefit from the Nebraska Process Service is unaffected by the neglect to notify them of this fact.

HOW TO SERVE LEGAL PAPERS ON A CORPORATION in nebraska

In order to serve a company’s officers, directors, managers, or registered agents, Nebraska Process Service may be sent to their home or place of business, or it may be delivered to their registered office via certified mail delivery to the registered office of the corporation. For Nebraska Process Service to be achieved, it is necessary to leave the Nebraska Process Service documents at the registered office with a registered office employee or send it by certified mail to the registered office of the corporation. The corporation can employ a personal, residential, or certified agent for Nebraska Process Service by mail.

Receivership can be served in person, via letter, or certified mail. Personal, residential, or certified mail service may be used to serve a dissolving corporation, as long as the person served was an officer, director, managing agent, or registered agent at the time of the dissolution.

In order to serve an unincorporated association, the Nebraska Process Service may be delivered to an officer or managing agent, or the association at its normal place of business, or to an employee of the unincorporated association, as long as the process is left at the association’s usual place of business. Any party may be served by personal, home, or certified postal service upon an agent designated by appointment or law to receive the Nebraska Process Service ^[9].

HOW TO SERVE LEGAL PAPERS ON THE STATE in nebraska

There are two ways summonses to appear in court can be served: by leaving the Nebraska Process Service at the Attorney General’s office or by mail to any state agency or any state employee of Nebraska’s Statutes (the Attorney General). In this state, any county officer or clerk can be served informally by personal, home, or certified postal service.

It is permitted to serve any official responsible for maintaining official records or any member of the governing board or body by personal, residence, or certified mail service; and it is permitted to serve any official responsible for maintaining official records or the principal office of the political subdivision by certified mail service. Any judgments rendered in these proceedings must be paid by the business, firm, or unincorporated organization that obtained them. The price for submitting a certified statement to the Secretary of State is five dollars. If the company address changes, they must notify the Secretary of State and have the new name of the agent or street address registered. This statement must be filed with a three-dollar filing fee. Nebraska Uniform Limited Partnership Act-formed limited partnerships are immune from this restriction.

Alternatively, Nebraska Process Service can be given to any partner other than a limited partner by personal delivery, residential delivery, or certified postal service to an employee of the partnership or limited partnership at the ordinary place of business. It is also possible for the partnership or limited partnership to employ certified mail service at its location of business.

A representative or representatives must be present in this state for any firm or unincorporated organization with its principal location or operation located out of state that lacks a local business office, clerk, or general agent. Any individual must file a certified declaration to the Nebraska Secretary of State’s office, outlining the nature of their business or activities, as well as designating an agent or agents in Nebraska if they want to conduct business in Nebraska.

HOW TO SERVE A SUBPOENA in nebraska

A subpoena for witnesses under the seal of a county court may be issued by the clerks and judges of that court upon the request of any person who has a case or matter pending in court, and it may be served by any person not involved in the action or by a sheriff, coroner, or constable; however, proof of service must be shown when served by anyone other than a public officer.

The summons, duces tecum, is addressed to the person named. Subpoenas often specify that a witness must attend in person at a specific time and place. Any book, document, or other objects that a witness is legally compelled to present as evidence may be included^[10].

A subpoena must be issued if any authority authorized to conduct depositions is required. If there are at least six days before the witness’s court appearance, then they can be served the subpoena physically or by sending a copy by registered or certified mail. The person who performs this service is required to submit a report outlining the steps they took to do it.

Witnesses in civil proceedings may not be forced to travel more than a hundred miles from their home or the area where they were served with a subpoena to attend a trial. As long as the subpoena was issued in the jurisdiction where the witness resides, they are not needed to travel outside of that jurisdiction for deposition purposes.

District or county court judges have the jurisdiction to issue subpoenas demanding the witness’s appearance at trial but not compelling the witness to attend in person for a deposition, where the witness is located more than a reasonable distance from their residence. It is established that mileage should be calculated. In order to be valid, a subpoena must state that it was issued in conformity with the guidelines above. In response to a subpoena, a court will issue an order directing a deposit on behalf of the witness to cover legal fees, travel expenses, and actual hotel and meal expenditures. When a deposit is not enough, the court will require the party issuing the subpoena to make up for it by paying the witness’s costs and expenses.

Witnesses cannot be forced to travel outside their county of residence to testify or give their deposition if they are issued with a subpoena from a different county than where they live.

HOW TO SERVE AN OUT-OF-STATE SUBPOENA IN NEBRASKA

A party requesting a subpoena under this rule must file a Request for the Issuance of a Nebraska Subpoena for a Foreign Jurisdiction to the clerk of the district court for the county in which discovery is requested to be conducted. To the request, the party must attach a foreign subpoena for each individual to be served and a list of all counsel of record and self-represented parties in the action to which the subpoena pertains, as well as their names, addresses telephone numbers, and email addresses. For each subpoena issued, a USD75 fee must be paid to the clerk of the district court. 

Nebraska’s district courts are required by law to swiftly issue summonses for service to the individual to whom the international subpoena has been addressed, in line with their procedures. A subpoena issued must [A.]  include as an attachment a copy of the list required by this subsection; [B.] accurately incorporate the time, place, and method of the discovery requested in the foreign subpoena; and [C.]  if the subpoena commands the person to produce designated documents, electronically stored information or tangible things, the subpoena must either accurately incorporate the commands from the foreign subpoena or attach the foreign subpoena and state that the person must produce the documents, information, or things designated in the attached foreign subpoena.

A request for the issuance of a subpoena or engaging in discovery pursuant to such a subpoena does not constitute an appearance in the courts of Nebraska.  By submitting a request for a subpoena, attorneys or self-represented parties certify that the foreign subpoena was properly issued under the laws or rules of the foreign jurisdiction. By submitting a request for a subpoena, attorneys who are not admitted to practice in Nebraska further certify that they are admitted to practice in the foreign jurisdiction in which the proceeding is pending and that they have not been disbarred or suspended from practice in any jurisdiction.

for assistance serving legal papers in nebraska

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

^[1]Rule 25-507

^[2]Section 25-2229

^[3] Any expense associated with serving papers other than those charged by a sheriff is subtracted from that amount, resulting in a charge that is no greater than the statutory fee for sheriffs set out.

^[4] Service is complete upon distribution of paper containing its fourth successive weekly insertion. Claypool v. Robb, 90 Neb. 193, 133 N.W. 178 (1911).

^[5] If notice is not served or the issue is abandoned by either party, the county court maintains jurisdiction over all of the estate’s assets until such time as notice is served. The case of Fischer v. Lingle, 195 Neb. 108, 237 N.W.2d (1975).

^[6] The published notice of sale cannot be served on a mortgagee personally in a foreclosure case.

^[7] No matter how long it takes for the service to be delivered, it is still legitimate.

^[8] By personal, home, or certified mail service to a juvenile under fourteen, an adult who is the minor’s parent, guardian, or person in charge of the minor’s care is permitted to serve the child.

^[9]  (1) The party’s participation is equated to service by virtue of the party’s willingness to participate.

(2) A special appearance may be made to object to the court’s jurisdiction over the defendant’s person before any other pleading or petition is filed. A counterclaim, cross-claim, or third-party claim by the defendant waives any claim that the court erred in overruling the special appearance. Any claim that the court erred in overruling the special appearance or that the defendant is not amenable to process issued by a court in this state is waived if the defendant participates in proceedings on any other matter than jurisdiction over the person.

^[10] Evidence must be brought to trial by witnesses who have subpoenaed duces tecum—City of Omaha v. American Theater Corp., 189 Neb. 441, 203 NW.2d 155—when a witness is summoned to testify in court (1973).