An affidavit may be used to verify a pleading, to prove the service of a summons, notice or other process, in an action, to obtain a provisional remedy, an examination of a witness, a stay of proceedings, or upon a motion, and in any other case permitted by law.
§ 25-1244.Affidavit; when used.
Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lists the specific purposes for which an affidavit may be used, including verifying a pleading, proving service of process, obtaining a provisional remedy, examining a witness, staying proceedings, supporting a motion, or any other purpose the law permits.
Full Text of § 25-1244
Source
R.S.1867, Code § 370, p. 455; R.S.1913, § 7936; C.S.1922, § 8878; C.S.1929, § 20-1244; R.S.1943, § 25-1244.
Plain-English Summary
Section 25-1241 defines what an affidavit is; this section says what it can be used for. An affidavit may be used to verify a pleading, to prove the service of a summons, notice, or other process, in an action, to obtain a provisional remedy, an examination of a witness, or a stay of proceedings, or upon a motion, and in any other case permitted by law.
That list covers a wide range of procedural moments — from confirming that a pleading's contents are true, to documenting that a defendant was properly served, to supporting a request for a provisional remedy or a motion. The closing phrase, "any other case permitted by law," keeps the list from being the sole word on the subject; other statutes and rules elsewhere may authorize affidavits for purposes not named here.
Frequently Asked Questions
What can an affidavit be used for under this section?
Verifying a pleading, proving service of a summons, notice, or other process, obtaining a provisional remedy, examining a witness, staying proceedings, supporting a motion, and any other purpose permitted by law.
Can an affidavit prove that a defendant was served with a summons?
Yes. The section lists proving the service of a summons, notice, or other process as one of the permitted uses of an affidavit.
Is this list of uses the only place the law allows affidavits?
No. The section closes with "any other case permitted by law," meaning other statutes or rules can authorize affidavit use beyond the specific purposes named here.
Can a party support a motion with an affidavit?
Yes, using an affidavit upon a motion is one of the purposes the section lists.
What is a "provisional remedy" in this context?
The section names obtaining a provisional remedy as one purpose an affidavit can serve, referring generally to interim relief available before a final judgment; specific provisional remedies and their requirements are addressed elsewhere in the statutes.
Does verifying a pleading with an affidavit change what the pleading says?
No. Verification through affidavit confirms the pleading under oath; the affidavit does not alter the pleading's content.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: when can an affidavit be usedaffidavit to verify pleading nebraskaproving service of process by affidavitaffidavit for provisional remedyaffidavit supporting a motion