Nebraska Motion for Service by Publication

State:
Nebraska
Control #:
NE-SKU-0690
Format:
PDF
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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.

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FAQ

If you disagree with the court's decision to evict you or award the landlord monetary damages, you may file an appeal within 30 days of the judgment being entered. If you want to stay at the property during the appeals process, you must deposit money with the clerk of court.

Warrants. Failing to pay or to appear for court may result in a warrant for your arrest and suspension of your drivers license, if the offense involved driving. The warrant may be issued the day you fail to appear for a court date, and as soon as the day after the payment is due.

You can serve by publication, which means that you publish a notice of the case in a newspaper of general circulation in the county where you filed the case.

An action may be dismissed without prejudice to a future action (1) by the plaintiff, before the final submission of the case to the jury, or to the court where the trial is by the court; (2) by the court where the plaintiff fails to appear at the trial; (3) by the court for want of necessary parties; (4) by the court

"Service by publication" means that you publish the Summons or other document in a newspaper of general circulation in the area where your spouse or partner is likely to be. For service by publication, you will have to pay the newspaper a fee to publish the document.

The Order to Show Cause tells the other party when to appear in court to show why they should not be held in contempt for disobeying the court order previously entered for visitation.

Oaths and affirmations; power to administer. All courts have power to administer oaths connected with any matter pending before them, either by any judge, justice, or clerk thereof or by any other person appointed for that purpose by them.

Theft of services. (1) A person commits theft if he or she obtains services, which he or she knows are available only for compensation, by deception or threat or by false or other means to avoid payment for the service.

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Nebraska Motion for Service by Publication