25-505.01 Service of summons; methods. - Nebraska Statutes

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Statutes > Nebraska > Chapter25 > 25-505_01

25-505.01. Service ofsummons; methods.(1) Unless otherwise limitedby statute or by the court, a plaintiff may elect to have service made byany of the following methods:(a) Personal service which shall be made by leaving the summonswith the individual to be served;(b) Residence service which shall be made by leaving the summonsat the usual place of residence of the individual to be served, with someperson of suitable age and discretion residing therein;(c) Certified mail service which shall be made by (i) withinten days of issuance, sending the summons to the defendant by certified mailwith a return receipt requested showing to whom and where delivered and thedate of delivery, and (ii) filing with the court proof of service with thesigned receipt attached; or(d) By depositingwith a designated delivery service authorized pursuant to 26 U.S.C. 7502(f)(2)a copy of the summons and complaint, addressed to the party to be served,delivering to the addressee, and obtaining a delivery receipt. As used inthis subdivision, delivery receipt includes an electronic or facsimile receipt.(2) Failure to make service by the method elected by the plaintiffdoes not affect the validity of the service. SourceLaws 1983, LB 447, § 22; Laws 1984, LB 845, § 21; Laws 2009, LB35, § 6. Cross ReferencesWorkers' compensation cases, manner of service, see sections 48-174, 48-175, 48-175.01, and 48-190. AnnotationsPlaintiff may elect to have service made by any of the methods specified in the statute. West Town Homeowners Assn. v. Schneider, 221 Neb. 674, 380 N.W.2d 265 (1986).Personal service at work rather than at home, despite the designation on the praecipe of where service should be effected, is nonetheless valid service. Hatcher v. McShane, 12 Neb. App. 239, 670 N.W.2d 638 (2003).

State Codes and Statutes

Statutes > Nebraska > Chapter25 > 25-505_01

25-505.01. Service ofsummons; methods.(1) Unless otherwise limitedby statute or by the court, a plaintiff may elect to have service made byany of the following methods:(a) Personal service which shall be made by leaving the summonswith the individual to be served;(b) Residence service which shall be made by leaving the summonsat the usual place of residence of the individual to be served, with someperson of suitable age and discretion residing therein;(c) Certified mail service which shall be made by (i) withinten days of issuance, sending the summons to the defendant by certified mailwith a return receipt requested showing to whom and where delivered and thedate of delivery, and (ii) filing with the court proof of service with thesigned receipt attached; or(d) By depositingwith a designated delivery service authorized pursuant to 26 U.S.C. 7502(f)(2)a copy of the summons and complaint, addressed to the party to be served,delivering to the addressee, and obtaining a delivery receipt. As used inthis subdivision, delivery receipt includes an electronic or facsimile receipt.(2) Failure to make service by the method elected by the plaintiffdoes not affect the validity of the service. SourceLaws 1983, LB 447, § 22; Laws 1984, LB 845, § 21; Laws 2009, LB35, § 6. Cross ReferencesWorkers' compensation cases, manner of service, see sections 48-174, 48-175, 48-175.01, and 48-190. AnnotationsPlaintiff may elect to have service made by any of the methods specified in the statute. West Town Homeowners Assn. v. Schneider, 221 Neb. 674, 380 N.W.2d 265 (1986).Personal service at work rather than at home, despite the designation on the praecipe of where service should be effected, is nonetheless valid service. Hatcher v. McShane, 12 Neb. App. 239, 670 N.W.2d 638 (2003).

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State Codes and Statutes

Statutes > Nebraska > Chapter25 > 25-505_01

25-505.01. Service ofsummons; methods.(1) Unless otherwise limitedby statute or by the court, a plaintiff may elect to have service made byany of the following methods:(a) Personal service which shall be made by leaving the summonswith the individual to be served;(b) Residence service which shall be made by leaving the summonsat the usual place of residence of the individual to be served, with someperson of suitable age and discretion residing therein;(c) Certified mail service which shall be made by (i) withinten days of issuance, sending the summons to the defendant by certified mailwith a return receipt requested showing to whom and where delivered and thedate of delivery, and (ii) filing with the court proof of service with thesigned receipt attached; or(d) By depositingwith a designated delivery service authorized pursuant to 26 U.S.C. 7502(f)(2)a copy of the summons and complaint, addressed to the party to be served,delivering to the addressee, and obtaining a delivery receipt. As used inthis subdivision, delivery receipt includes an electronic or facsimile receipt.(2) Failure to make service by the method elected by the plaintiffdoes not affect the validity of the service. SourceLaws 1983, LB 447, § 22; Laws 1984, LB 845, § 21; Laws 2009, LB35, § 6. Cross ReferencesWorkers' compensation cases, manner of service, see sections 48-174, 48-175, 48-175.01, and 48-190. AnnotationsPlaintiff may elect to have service made by any of the methods specified in the statute. West Town Homeowners Assn. v. Schneider, 221 Neb. 674, 380 N.W.2d 265 (1986).Personal service at work rather than at home, despite the designation on the praecipe of where service should be effected, is nonetheless valid service. Hatcher v. McShane, 12 Neb. App. 239, 670 N.W.2d 638 (2003).