When a summons is issued to another county than that in which the action or proceeding is pending, it may be returned by mail, and the sheriff shall be entitled to the same fees as if the summons had issued in the county of which he is sheriff.
§ 25-1713.Sheriff's fees; summons issued out of county; return.
Article 17: Costs · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a sheriff return an out-of-county summons by mail and entitles that sheriff to the same fee as if the summons had been issued in the county the sheriff serves.
Full Text of § 25-1713
Source
R.S.1867, Code § 625, p. 505; R.S.1913, § 8172; C.S.1922, § 9123; C.S.1929, § 20-1713; R.S.1943, § 25-1713.
Plain-English Summary
Section 25-1713 handles a logistical detail in cases that reach across county lines. When a summons is issued to a county other than the one where the case is pending, the sheriff in that other county can return it by mail rather than requiring an in-person return.
That sheriff is entitled to the same fee for the work as if the summons had been issued within his own county, so serving an out-of-county summons does not shortchange the sheriff who handled it.
Frequently Asked Questions
Can a sheriff mail back a summons issued from another county?
Yes. Section 25-1713 allows a mailed return for a summons issued to a county other than where the case is pending.
Does an out-of-county sheriff get paid the same as a local one?
Yes. The sheriff is entitled to the same fee as if the summons had issued in his own county.
Why does this rule matter?
It removes any uncertainty about how an out-of-county sheriff gets paid and how the summons gets returned.
Who benefits from allowing a mailed return?
Both the sheriff, who avoids unnecessary travel, and the parties, who benefit from a more efficient process.
Is this rule specific to civil summonses?
The text addresses a summons issued out of county in connection with an action or proceeding.
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: sheriff fees out of county summons nebraskamailing back a summons nebraskaout of county service feesheriff return process by mailsummons issued to another county