(1) Except as provided in subsection (3) of this section, in any action or proceeding of any kind or nature, as defined in section 25-520.02, where a notice by publication is given as authorized by law, a party instituting or maintaining the action or proceeding with respect to notice or such party's attorney shall within five days after the first publication of notice send by United States mail a copy of such published notice or, if applicable, the notice described in subsection (4) of this section, to each and every party appearing to have a direct legal interest in such action or proceeding whose name and post office address are known to such party or attorney.
(2) Proof by affidavit of the mailing of such notice shall be made by the party or such party's attorney and shall be filed with the officer with whom filings are required to be made in such action or proceeding within ten days after mailing of such notice. Such affidavit of mailing of notice shall further be required to state that such party and such party's attorney, after diligent investigation and inquiry, were unable to ascertain and do not know the post office address of any other party appearing to have a direct legal interest in such action or proceeding other than those to whom notice has been mailed in writing.
(3) It shall not be necessary to serve the notice prescribed by this section upon any competent person, fiduciary, partnership, or corporation, who has waived notice in writing, has entered a voluntary appearance, or has been personally served with summons or notice in such proceeding.
(4) In the case of a lien for a special assessment imposed by any city or village, in lieu of sending a copy of published notice, the city or village may instead send by United States mail, to each and every party appearing to have a direct legal interest in such action or proceeding whose name and post office address are known to the city or village or its attorney, a notice containing the amount owed, the date due, and the date the board of equalization meets in case of an appeal.
Notes of Decisions
Cited in
32
cases (
6 in the last 5 years), 1960–2024 · leading case:
Francisco v. Gonzalez, 301 Neb. 1045 (Neb. 2019).
Francisco v. Gonzalez, 301 Neb. 1045 (Neb. 2019).
· cites it 26× “The same statute requires the party serving by publication to file an affidavit stating that the party and his or her attorney, "after diligent investigation and inquiry," were unable to ascertain and do not know the address of any parties having an interest who were not mailed…”
In re Est. of Loder, 308 Neb. 210 (Neb. 2021).
· cites it 28× “§ 30-2485 (a) (Reissue 2016), if the personal representative complies with the notice provisions of Neb. Rev. Stat. §§ 25-520.01 (Reissue 2016) and 30-2483 (Cum.”
KLH Ret. Plan., Ltd. v. Okwumuo, 642 N.W.2d 801 (Neb. 2002).
· cites it 20× “We reverse because the appellee Comhusker Bank failed to give notice of the sale in accordance with Neb. Rev. Stat. § 25-520.01 (Reissue 1995).”
HBI, L.L.C. v. Barnette, 305 Neb. 457 (Neb. 2020).
· cites it 6× “01 (Reissue 2016) and its requirement that along with publication, parties must mail a copy of the published notice to all parties having a direct legal interest in the action when the party’s name and address are known, the Legislature has not included the same requirement when…”
In Re Adoption of Leslie P., 604 N.W.2d 853 (Neb. Ct. App. 2000).
· cites it 6× “Neb. Rev. Stat. § 25-520.01 (Reissue 1995) provides: In any action or proceeding of any kind or nature .”
Omaha Mun. Land Bank v. Ekwen, 30 Neb. Ct. App. 209 (Neb. Ct. App. 2021).
· cites it 24× “The requirements of Neb. Rev. Stat. § 25-520.01 (Reissue 2016) apply to a publication of notice given under Neb.”
Kleeb v. Kleeb, 316 N.W.2d 583 (Neb. 1982).
· cites it 8× “We turn next to appellants’ allegation that the trial court erred in determining that the requirements of Neb. Rev. Stat. § 25-520.01 (Reissue 1979) had been satisfied.”
MacH v. Schmer, 550 N.W.2d 385 (Neb. Ct. App. 1996).
· cites it 5× “If the personal representative complies with the notice provisions of Neb. Rev. Stat. §§ 25-520.01 and 30-2483 *826 (Reissue 1995), a claim generally must be presented within 2 months after the date of the first publication of notice to creditors.”
Baye v. Airlite Plastics Co., 618 N.W.2d 145 (Neb. 2000).
· cites it 5× “Even assuming that the exercise of the Agreement was a “claim” within the meaning of § 30-2485(a) — a matter we do not decide — we find that the record establishes that Lawrence failed to comply with the notice provisions of Neb.”
In re Est. of Lakin, 310 Neb. 271 (Neb. 2021).
· cites it 2× “ed or unliq- uidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows: Within two months…”
State v. One Thousand Nine Hundred Forty-Seven Dollars in U.S. Currency, 583 N.W.2d 611 (Neb. 1998).
· cites it 4× “The court noted that the publication provision of § 28-431 applies only to unknown owners and that in the present case, Badgett was a known owner. The court then determined that despite the inapplicability of § 28-43l’s publication provision, notice by publication was proper…”
— Neb. Rev. Stat. § 25-520.01(1) — 2 cases
— Neb. Rev. Stat. § 25-520.01(2) — 1 case
— Neb. Rev. Stat. § 25-520.01(a)(2) — 1 case
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