Nebraska Motion for Service by Publication

• Category: Nebraska Statewide - County Court-Separate Juvenile Court - General
• State: Nebraska
• Control #: NE-SKU-0690
• Format: PDF

Description

Motion for Service by Publication Nebraska Motion for Service by Publication is a type of service of process that is used when a defendant is not available to be served in person. It allows a plaintiff to serve a defendant by publishing a notice in a newspaper or other public forum. This type of service is typically used when a defendant is not located in the state, or has otherwise evaded service. The Nebraska Supreme Court has approved two types of Motion for Service by Publication: Statutory Motion for Service by Publication and Special Motion for Service by Publication. Statutory Motion for Service by Publication is available when the plaintiff has no known address for the defendant. In this situation, the plaintiff must file a motion with the court, along with an affidavit stating that the defendant’s address is unknown. The court will then order that the motion be published in a newspaper of general circulation in the county where the action is pending. The motion must be published once a week for four consecutive weeks. Special Motion for Service by Publication is available when the defendant does have a known address, but has evaded service. In this situation, the plaintiff must file a motion with the court, along with an affidavit stating that the defendant has evaded service. The court will then order that the motion be published in a newspaper of general circulation in the county where the action is pending. The motion must be published once a week for four consecutive weeks. In both cases, the Motion for Service by Publication must also be sent to the defendant’s last known address. If the defendant fails to respond to the motion within a certain period of time, the court may enter a default judgment against the defendant.

Nebraska Motion for Service by Publication is a type of service of process that is used when a defendant is not available to be served in person. It allows a plaintiff to serve a defendant by publishing a notice in a newspaper or other public forum. This type of service is typically used when a defendant is not located in the state, or has otherwise evaded service. The Nebraska Supreme Court has approved two types of Motion for Service by Publication: Statutory Motion for Service by Publication and Special Motion for Service by Publication. Statutory Motion for Service by Publication is available when the plaintiff has no known address for the defendant. In this situation, the plaintiff must file a motion with the court, along with an affidavit stating that the defendant’s address is unknown. The court will then order that the motion be published in a newspaper of general circulation in the county where the action is pending. The motion must be published once a week for four consecutive weeks. Special Motion for Service by Publication is available when the defendant does have a known address, but has evaded service. In this situation, the plaintiff must file a motion with the court, along with an affidavit stating that the defendant has evaded service. The court will then order that the motion be published in a newspaper of general circulation in the county where the action is pending. The motion must be published once a week for four consecutive weeks. In both cases, the Motion for Service by Publication must also be sent to the defendant’s last known address. If the defendant fails to respond to the motion within a certain period of time, the court may enter a default judgment against the defendant.