State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter25 > 25-517_02

25-517.02. Substitute and constructive service.Upon motion and showing by affidavit that service cannot be made with reasonable diligence by any other method provided by statute, the court may permit service to be made (1) by leaving the process at the defendant's usual place of residence and mailing a copy by first-class mail to the defendant's last-known address, (2) by publication, or (3) by any manner reasonably calculated under the circumstances to provide the party with actual notice of the proceedings and an opportunity to be heard. SourceLaws 1983, LB 447, § 33. Cross ReferencesActions against unknown defendants, see section 25-321.Actions to quiet title, see section 25-21,112 et seq. AnnotationsSubstituted service based upon a false and misleading affidavit may be nullified. Where a parent was not given proper statutory notification of an adoption proceeding, the county court lacked jurisdiction to grant the adoption decree and the adoption was set aside. In re Adoption of Leslie P., 8 Neb. App. 954, 604 N.W.2d 853 (2000).