§ 25-1275.Legal notices; proof of posting or service.
Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1275
Source
R.S.1867, Code § 404, p. 461; R.S.1913, § 7968; C.S.1922, § 8909; C.S.1929, § 20-1275; R.S.1943, § 25-1275.
Plain-English Summary
Not every required notice goes through a newspaper. Some are posted or personally served instead, and this section supplies the proof mechanism for that alternative. The posting or service of any notice or other paper required by law may be proved by the affidavit of any competent witness. That affidavit has to be attached to a copy of the notice or paper itself, so the proof and the document it concerns travel together.
Timing works the same way it does for published notices under the related section governing newspaper and website publication: the affidavit must be made within six months of the time of the posting. This section pairs with section 25-1274, which covers proof of publication specifically; together they cover the two common ways a required notice reaches its audience — publication and posting or service.
Frequently Asked Questions
How is the posting of a required legal notice proved, if it was not published in a newspaper?
By the affidavit of any competent witness, attached to a copy of the notice or paper that was posted or served.
Does the affidavit have to be attached to the notice itself?
Yes. The section requires the affidavit to be attached to a copy of the notice or paper.
How soon after posting must this affidavit be made?
Within six months of the time of the posting.
Who can serve as the witness for this affidavit?
Any competent witness, meaning any person qualified to testify to the fact of posting or service.
How does this section relate to section 25-1274?
Section 25-1274 covers proof of publication in a newspaper or on a statewide public-notice website. This section covers proof of posting or service of a required notice or paper, the other common method of giving notice.