2017 Nebraska Revised Statutes
Chapter 25 - COURTS; CIVIL PROCEDURE
25-508.01 Service on individual.
25-508.01. Service on individual.
(1) An individual party, other than a person under the age of fourteen years, may be served by personal, residence, certified mail, or designated delivery service.
(2) A party under the age of fourteen years may be served by personal, residence, certified mail, or designated delivery service upon an adult person with whom the minor resides and who is the minor's parent or guardian or the person having care of the minor. If none of these can be found, a party under the age of fourteen years may be served by personal service.
(3) If the person to be served is an incapacitated person for whom a conservator or guardian has been appointed or is confined in any institution, notice of the service shall be given to the conservator or guardian or the superintendent or similar official of the institution. Failure to give such notice does not affect the validity of the service on the incapacitated person.
Source
- Laws 1983, LB 447, § 25;
- Laws 2011, LB669, § 10.
Annotations
Department of Health and Human Services employees were not properly served in their individual capacities where the summonses were sent via certified mail to their place of employment, the certified mail receipts were signed for by an employee who was not authorized to sign on behalf of the employees, and the summonses were not received by the employees. Anthony K. v. State, 289 Neb. 523, 855 N.W.2d 802 (2014).
Although subsection (3) of this section requires that where summons is served on an incapacitated person, notice of such service shall be given to the guardian, it also provides that failure to give such notice will not affect the validity of the service. In re Interest of A.M.K., 227 Neb. 888, 420 N.W.2d 718 (1988).
