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

Neb. Rev. Stat. § 25-517.02 (2026)

Substitute and constructive service

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Upon motion and showing by affidavit that service cannot be made with reasonable diligence by any other method provided by statute, the court may permit service to be made (1) by leaving the process at the defendant's usual place of residence and mailing a copy by first-class mail to the defendant's last-known address, (2) by publication, or (3) by any manner reasonably calculated under the circumstances to provide the party with actual notice of the proceedings and an opportunity to be heard.

Notes of Decisions
Cited in 28 cases (7 in the last 5 years), 1987–2026 · leading case: Wisner v. Vandelay Invs., L.L.C., 916 N.W.2d 698 (Neb. 2018).
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Wisner v. Vandelay Invs., L.L.C., 916 N.W.2d 698 (Neb. 2018). · cites it 6× “Robin argues we should interpret the phrase consistently with "reasonable diligence," from Neb. Rev. Stat. § 25-517.02 (Reissue 2016).”
Burns v. Burns, 879 N.W.2d 375 (Neb. 2016). · cites it 3× “Section 42-364(6) provides: “Modification proceedings relating to support, cus- tody, parenting time, visitation, other access, or removal of children from the jurisdiction of the court shall be commenced by filing a complaint to modify. . . . Service of process and other…”
Davis v. Moats, 956 N.W.2d 682 (Neb. 2021). · cites it 2× “Subject Matter Jurisdiction [5-9] Subject matter jurisdiction is the power of a tribunal to hear and determine a case in the general class or category to which the proceedings in question belong and to deal with the general subject matter involved.”
Kovar v. Habrock, 622 N.W.2d 688 (Neb. 2001). · cites it 4× “After experiencing difficulties serving Habrock personally, Kovar was granted leave under Neb. Rev. Stat. § 25-517.02 (Reissue 1995) for alternate service.”
Dycus v. Dycus, 949 N.W.2d 357 (Neb. 2020). · cites it 2× “In sum, the court is not called upon to simply determine whether one of the parties wants a divorce. [12,13] The court’s finding as to whether a marriage is irretrievably broken does not depend only on the will and deliberation of the plaintiff spouse.”
Timothy L. Ashford v. Roses, 984 N.W.2d 596 (Neb. 2023). · cites it 2× “(a) Historical Overview of Single Publication Rule [18] At common law, each delivery of a libelous statement to a third party was generally considered a new publication giving rise to a new cause of action.”
Metzler v. Metzler, 913 N.W.2d 733 (Neb. Ct. App. 2018). · cites it 2× “§§ 42-347 to 42-381 (Reissue 2016) ] shall be served upon the other party to the marriage by personal service or in the manner provided in section 25-517.02." Mary was personally served by a county sheriff in Pennsylvania, and therefore, David complied with the service…”
Wisner v. Vandelay Investments, 300 Neb. 825 (Neb. 2018). · cites it 6× “Robin argues we should interpret the phrase consistently with “reasonable diligence,” from Neb. Rev. Stat. § 25-517.02 (Reissue 2016).”
In Interest of AW, 401 N.W.2d 477 (Neb. 1987). · cites it 2× “” Neb. Rev. Stat. § 25-517.02 (Reissue 1985) provides that service may be made by publication upon a “motion and showing by affidavit that service cannot be made with reasonable diligence by any other method provided by statute.”
Osborn v. Osborn, 550 N.W.2d 58 (Neb. Ct. App. 1996). · cites it 6× “that a summons be served upon the opposing party by personal service or in the manner provided in Neb. Rev. Stat. § 25-517.02 (Reissue 1995).”
In re Adoption of Leslie P., 604 N.W.2d 853 (Neb. Ct. App. 2000). · cites it 2× “The statute authorizing substitute service by publication, Neb. Rev. Stat. § 25-517.02 (Reissue 1995), provides: Upon motion and showing by affidavit that service cannot be made with reasonable diligence by any other method provided by statute, the court may permit service to be…”
Candyland, LLC v. Nebraska Liquor Control Comm., 944 N.W.2d 740 (Neb. 2020). · cites it 2× “With respect to proper service on the citizen objectors, there has been considerable discussion in this appeal regarding the time during which Candyland was required to serve the citizen objectors. In their appellate briefs, the parties asserted that Candyland was required to…”
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