§ 25-540 — Service outside state; manner

Nebraska § 25-540

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

(1) When the law of this state authorizes service outside this state, the service, when reasonably calculated to give actual notice, may be made:
(a) In the manner prescribed for service within this state;
(b) In the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction;
(c) As directed by the foreign authority in response to a letter rogatory; or
(d) As directed by the court.
(2) Proof of service outside this state may be made by affidavit of the individual who made the service or in the manner prescribed by the law of this state, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction.

Legislative History

Source: Laws 1967, c. 143, § 6, p. 440; Laws 1983, LB 447, § 36. Cross References: Workers' compensation cases, additional nonresident jurisdiction and method of proof of service exists, see section 48-175.01. Annotations: When service of process is made outside of the state by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the court. Lydick v. Smith, 201 Neb. 45, 266 N.W.2d 208 (1978). Proof of service by mail must include a receipt signed by the addressee, or other satisfactory evidence of personal delivery, and an affidavit to be considered on appeal must be offered in evidence and preserved in the bill of exceptions. Anderson v. Autocrat Corp., 194 Neb. 278, 231 N.W.2d 560 (1975). Where affidavit showed service personally upon defendant Reiff individually and as district manager of defendant corporation, and by certified mail, return receipt requested upon individual defendants in their office in Morton, Illinois, together with return receipts showing that copies of summons and complaint were served upon each, the process was in conformity with this section. Morton Buildings of Nebraska, Inc. v. Morton Buildings, Inc., 333 F.Supp. 187 (D. Neb. 1971).