2019 Nebraska Revised Statutes
Chapter 25 - COURTS; CIVIL PROCEDURE
25-517.02 Substitute and constructive service.
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.
Source
- Laws 1983, LB 447, ยง 33.
Cross References
- Actions against unknown defendants, see section 25-321.
- Actions to quiet title, see section 25-21,112 et seq.
Annotations
Substitute service cannot be effectively completed by using certified mail; this section allows only for the use of first-class mail. Thornton v. Thornton, 13 Neb. App. 912, 704 N.W.2d 243 (2005).
Substituted 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).
