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Nebraska Revised Statutes

Neb. Rev. Stat. § 25-517.02 (2026)

Substitute and constructive service

✓ current as of July 2026
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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., 300 Neb. 825 (Neb. 2018).
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Wisner v. Vandelay Invs., L.L.C., 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).”
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, 308 Neb. 757 (Neb. 2021). · cites it 2× “Moats contends that since Davis failed to include Pirnie as a party in this action and failed to properly serve Pirnie with a copy of the petition, the district court lacked subject mat- ter jurisdiction to hear the matter.”
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, 307 Neb. 426 (Neb. 2020). · cites it 2× “2018), pro- vides for notice to the defendant, both by providing that certain matters must be contained in the complaint and by requiring that a summons be served by either personal service or substi- tute service under the conditions specified in Neb. Rev. Stat. § 25-517.02…”
Timothy L. Ashford, PC LLO v. Roses, 984 N.W.2d 596 (Neb. 2023). · cites it 2× “30 See Neb. Rev. Stat. § 25-517.02 (Reissue 2016) (authorizing service by publication “[u]pon motion and showing by affidavit that service cannot be made with reasonable diligence by any other method provided by statute .”
Metzler v. Metzler, 25 Neb. Ct. App. 757 (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., 306 Neb. 169 (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.”
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