Nebraska Notice - served with Complaint and Summons

State:
Multi-State
Control #:
US-01237
Format:
Word; 
Rich Text
Instant download

Description

This is an instructive Notice meant to accompany a summons and complaint initiating civil litigation. The Notice informs the defendant of the proper actions to take regarding the complaint and the consequences of not following the proper procedure in responding.
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FAQ

(1) A defendant shall serve an answer within 30 days after being served with the summons and complaint or completion of service by publication. (2) A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 30 days after being served.

Any party may be served by personal, residence, or certified mail service upon an agent authorized by appointment or by law to receive service of process. Source: Laws 1983, LB 447, § 31. 25-516.01. Voluntary appearance; special appearance.

An action is dismissed by operation of law, without any action by either the defendant or the court, as to any defendant who is named in the action and not served with process within 6 months after the complaint is filed.

In the State of Nebraska, as is the case in many states, a defendant can be notified that charges have been filed via a summons in lieu of an actual arrest. A summons is an order from the court telling you that you have been ordered to appear at a specific date and time to answer to the charges filed against you.

Willful disobedience of or resistance willfully offered to any lawful process or order of court constitutes criminal contempt. In re Application of Niklaus, 144 Neb. 503, 13 N.W. 2d 655 (1944).

There are two ways summonses to appear in court can be served: by leaving the Nebraska Process Service at the Attorney General's office or by mail to any state agency or any state employee of Nebraska's Statutes (the Attorney General).

(1) A defendant shall serve an answer within 30 days after being served with the summons and complaint or completion of service by publication. (2) A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 30 days after being served.

In Nebraska, a defendant must be served within 6 months from the date the complaint was filed, regardless of whether the plaintiff falsely believed he had served the correct defendant.

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Nebraska Notice - served with Complaint and Summons