Summons; service.

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48-175. Summons; service.

(1) Whenever the post office address of the defendant is known or may be ascertained by the officer or person charged with the duty of serving the same, such summons may be served by such officer or person by certified mail.

(2) In the event the party to be served, in accordance with subsection (1) of this section, is a corporation, a partnership, or a limited liability company, a certified copy of the summons shall be directed to the proper officer, agent, or member of such organization who is authorized by law to accept service of process.

(3) The officer in making his or her return of all processes served, in accordance with subsection (1) or (2) of this section, shall append to and file with the original return the return receipt as herein set forth. Any judge of the Nebraska Workers' Compensation Court may serve or cause to be served such summons by certified mail as provided in this section.

Source

  • Laws 1935, c. 57, § 13, p. 192;
  • C.S.Supp.,1941, § 48-174;
  • R.S.1943, § 48-175;
  • Laws 1953, c. 163, § 2, p. 513;
  • Laws 1957, c. 242, § 41, p. 853;
  • Laws 1983, LB 447, § 69;
  • Laws 1986, LB 811, § 107;
  • Laws 1993, LB 121, § 285.

Annotations

  • Where on appeal there was timely service in fact of petition on adverse party and no prejudice resulted from the use of regular mail instead of certified or registered mail, motion to dismiss was properly overruled. Bourn v. James, 191 Neb. 635, 216 N.W.2d 739 (1974).

  • Certified copy of summons must be served. Clark v. Village of Hemingford, 147 Neb. 1044, 26 N.W.2d 15 (1947).

  • Voluntary appearance entered by Attorney General in compensation case does not waive immunity of state from suit. Anstine v. State, 137 Neb. 148, 288 N.W. 525 (1939).


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