Publications required by law to be made in a newspaper or on a statewide website established and maintained as a repository of public notices by a majority of Nebraska newspapers, may be proved by affidavit of any person having knowledge of the fact, specifying the time when and the paper in which or the website whereon the publication was made, and, if made by publication in a newspaper, that such newspaper is a legal newspaper under the statutes of the State of Nebraska, but such affidavit must, for the purposes now contemplated, be made within six months after the last day of publication, in the office where the original affidavit of publication is required to be filed.
§ 25-1274.Legal notices; proof of publication.
Article 12: Evidence and Witnesses · Last amended 2024 · Last verified July 22, 2026
In one sentenceThis section explains how to prove that a required legal notice was published, by affidavit of someone with knowledge, specifying the newspaper or statewide public-notice website used, and made within six months after the last day of publication.
Full Text of § 25-1274
Source
R.S.1867, Code § 403, p. 461; R.S.1913, § 7967; Laws 1922, Spec. Sess., c. 11, § 1, p. 80; C.S.1922, § 8908; C.S.1929, § 20-1274; R.S.1943, § 25-1274; Laws 2024, LB287, § 5.
Plain-English Summary
Many legal proceedings require publishing a notice, and someone eventually has to prove that publication happened. This section supplies that proof mechanism. Publications required by law to be made in a newspaper, or on a statewide website maintained as a repository of public notices by a majority of Nebraska newspapers, may be proved by the affidavit of any person with knowledge of the fact.
The affidavit has to do more than assert that publication occurred. It must specify the time of publication and the paper in which, or the website whereon, the publication was made. If the publication was made in a newspaper, the affidavit must also state that the newspaper is a legal newspaper under Nebraska statutes, tying the proof to the newspaper's qualifying status rather than leaving that open to assumption.
Timing matters too. For the purposes contemplated here, the affidavit must be made within six months after the last day of publication, and it goes in the office where the original affidavit of publication is required to be filed. A stale affidavit, made long after the fact, does not satisfy the section.
Frequently Asked Questions
How is a required legal notice publication proved in Nebraska?
By the affidavit of any person having knowledge of the fact, specifying when the publication occurred and the newspaper or statewide public-notice website it appeared on.
What must the affidavit say if the notice was published in a newspaper?
It must specify the time of publication and the paper used, and it must state that the newspaper is a legal newspaper under Nebraska statutes.
Can proof of publication be made using an online public-notice site instead of a newspaper?
Yes. The section also covers publication on a statewide website established and maintained as a repository of public notices by a majority of Nebraska newspapers.
How soon after publication must the affidavit be made?
Within six months after the last day of publication.
Where does the affidavit of publication get filed?
In the office where the original affidavit of publication is required to be filed.
Who can make this affidavit?
Any person having knowledge of the fact of publication, not only an employee of the newspaper or website.
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: proof of publication affidavit nebraskalegal newspaper notice requirementstatewide public notice website nebraskasix month deadline affidavit publicationproving newspaper notice was published