Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-516.01 (2026)

Service; voluntary appearance; defenses

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) The voluntary appearance of the party is equivalent to service.

(2) A defense of lack of personal jurisdiction, insufficiency of process, or insufficiency of service of process may be asserted only under the procedure provided in the pleading rules adopted by the Supreme Court. If any of those defenses are asserted either by motion or in a responsive pleading and the court overrules the defense, an objection that the court erred in its ruling will be waived and not preserved for appellate review if the party asserting the defense either (a) thereafter files a demand for affirmative relief by way of counterclaim, cross-claim, or third-party claim or (b) fails to dismiss a demand for such affirmative relief that was previously filed. If any of those defenses are asserted either by motion or in a responsive pleading and the court overrules the defense, an objection that the court erred in its ruling on any issue, except an objection to the court's ruling on personal jurisdiction, will be waived and not preserved for appellate review if the party asserting the defense thereafter participates in proceedings on any issue other than those defenses.

(3) The filing of a suggestion of bankruptcy is not an appearance and does not waive the defense of lack of personal jurisdiction, insufficiency of process, or insufficiency of service of process.

Notes of Decisions
Cited in 38 cases (6 in the last 5 years), 1986–2026 · leading case: Stone Land & Livestock Co. v. HBE, 962 N.W.2d 903 (Neb. 2021).
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Stone Land & Livestock Co. v. HBE, 962 N.W.2d 903 (Neb. 2021). · cites it 7× “2d 264 , 274 (2014), in which we stated that “a voluntary appearance is the equivalent to service that waives a defense of insufficient service or process if the party requests general relief from the court on an issue other than sufficiency of service or process, or personal…”
Applied Underwriters Captive Risk Assurance Co. v. Oceanside Laundry, LLC, 912 N.W.2d 912 (Neb. 2018). · cites it 7× “Under Neb. Rev. Stat. § 25-516.01 (1) (Reissue 2016), the voluntary appearance of a party is the equivalent of service of process.”
State v. Heather N. (In re Michael N.), 925 N.W.2d 51 (Neb. 2019). · cites it 4× “We find no merit to these challenges. [5,6] Heather and Robert have waived the arguments that they were not properly served or provided with notice.”
Burns v. Burns, 879 N.W.2d 375 (Neb. 2016). · cites it 3× “8 See, Neb. Rev. Stat. § 25-516.01 (1) (Reissue 2008); Hunt v.”
Friedman v. Friedman, 863 N.W.2d 153 (Neb. 2015). · cites it 6× “Section 25-1011(1), of the attachment and garnishment stat- utes, states that the summons and order of garnishment and the interrogatories in duplicate, a notice to judgment debtor form, and a request for hearing form shall be served upon the garnishee in the manner provided for…”
J.S. v. Grand Island Pub. Schs., 899 N.W.2d 893 (Neb. 2017). · cites it 4× “After the filing of the petition, the Board filed a voluntary appearance, under Neb. Rev. Stat. § 25-516.01 (Reissue 2016).”
Miller v. Steichen, 682 N.W.2d 702 (Neb. 2004). · cites it 3× “See Neb. Rev. Stat. § 25-516.01 (Reissue 1995 & Cum.”
Lasu v. Lasu, 944 N.W.2d 773 (Neb. Ct. App. 2020). · cites it 2× “[20] We also note that Emmanuel appeared to have waived a personal jurisdiction defense even before he filed his answer and counterclaim.”
In re Interest of Rondell B., 546 N.W.2d 801 (Neb. 1996). · cites it 4× “Moreover, Neb.Rev.Stat. § 25-516.01 (Reissue 1995) provides that a defendant's "participation in proceedings on any issue other than jurisdiction over the person waives any objection that the court erred in overruling the special appearance except the objection that the…”
Ashby v. State, 779 N.W.2d 343 (Neb. 2010). · cites it 2× “[64] See Neb.Rev.Stat. § 25-516.01(2) (Reissue 2008).”
In re Sanitary & Imp. Dist. No. 1, 708 N.W.2d 809 (Neb. 2006). · cites it 2× “2004), if a defense of “lack of jurisdiction over the person, insufficiency of process, or insufficiency of service of process” is asserted either by motion or in a responsive pleading and the court overrules the defense, an objection that the court erred in its ruling on any…”
Robinson v. NABCO, INC., 641 N.W.2d 401 (Neb. Ct. App. 2002). · cites it 3× “He stated in his *970 petition that sufficient contacts exist because NABCO marketed, sold, and distributed the alternator in Nebraska.”
Show all 38 citing cases →
Neb. Rev. Stat. § 25-516.01(1): 7 cases
Stone Land & Livestock Co. v. HBE, 962 N.W.2d 903 (Neb. 2021). “2d 264 , 274 (2014), in which we stated that “a voluntary appearance is the equivalent to service that waives a defense of insufficient service or process if the party requests general relief from the court on an issue other than sufficiency of service or process, or personal…”
Applied Underwriters Captive Risk Assurance Co. v. Oceanside Laundry, LLC, 912 N.W.2d 912 (Neb. 2018). “Under Neb. Rev. Stat. § 25-516.01 (1) (Reissue 2016), the voluntary appearance of a party is the equivalent of service of process.”
J.S. v. Grand Island Pub. Schs., 899 N.W.2d 893 (Neb. 2017). “After the filing of the petition, the Board filed a voluntary appearance, under Neb. Rev. Stat. § 25-516.01 (Reissue 2016).”
Friedman v. Friedman, 863 N.W.2d 153 (Neb. 2015). “Section 25-1011(1), of the attachment and garnishment stat- utes, states that the summons and order of garnishment and the interrogatories in duplicate, a notice to judgment debtor form, and a request for hearing form shall be served upon the garnishee in the manner provided for…”
Applied Underwriters v. Oceanside Laundry, 300 Neb. 333 (Neb. 2018).
Neb. Rev. Stat. § 25-516.01(2): 8 cases
Applied Underwriters Captive Risk Assurance Co. v. Oceanside Laundry, LLC, 912 N.W.2d 912 (Neb. 2018). “Under Neb. Rev. Stat. § 25-516.01 (1) (Reissue 2016), the voluntary appearance of a party is the equivalent of service of process.”
Friedman v. Friedman, 863 N.W.2d 153 (Neb. 2015). “Section 25-1011(1), of the attachment and garnishment stat- utes, states that the summons and order of garnishment and the interrogatories in duplicate, a notice to judgment debtor form, and a request for hearing form shall be served upon the garnishee in the manner provided for…”
Burns v. Burns, 879 N.W.2d 375 (Neb. 2016). “8 See, Neb. Rev. Stat. § 25-516.01 (1) (Reissue 2008); Hunt v.”
Ashby v. State, 779 N.W.2d 343 (Neb. 2010). “[64] See Neb.Rev.Stat. § 25-516.01(2) (Reissue 2008).”
Applied Underwriters v. Oceanside Laundry, 300 Neb. 333 (Neb. 2018).
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