The summons shall not issue until the plaintiff shall have filed his complaint in writing which shall particularly describe the premises so entered upon or detained, and shall set forth either an unlawful and forcible entry and detention, or an unlawful and forcible detention after a peaceable or lawful entry of the described premises. The complaint shall be copied into and made a part of the record.
§ 25-21,222.Forcible entry and detainer; complaint; contents.
Article 21: Special Proceedings and Actions · Last amended 1972 · Last verified July 22, 2026
In one sentenceA summons in a forcible entry and detainer case cannot issue until the plaintiff files a written complaint describing the property and alleging either an unlawful and forcible entry and detention or an unlawful detention that followed a peaceable entry, and that complaint becomes part of the court record.
Full Text of § 25-21,222
Source
Laws 1929, c. 82, § 121, p. 310; C.S.1929, § 22-1205; R.S.1943, § 26-1,122; Laws 1972, LB 1032, § 72; R.S.1943, (1985), § 24-572.
Plain-English Summary
Section 25-21,222 puts the complaint before the summons. The plaintiff has to file a written complaint first, and only then can the summons issue. That complaint has to particularly describe the premises the plaintiff says were entered upon or detained — vague or generic descriptions will not do the job.
The complaint must also set out one of two theories. Either it alleges an unlawful and forcible entry followed by an unlawful and forcible detention, or it alleges an unlawful and forcible detention that came after an entry that was itself peaceable or lawful. Choosing the right theory matters, since it frames what the plaintiff has to prove at trial under section 25-21,226 or 25-21,227.
Once filed, the complaint is copied into the record and becomes part of it. That record entry lets a court reviewing the case later, including on appeal, see exactly what the plaintiff alleged from the outset.
Frequently Asked Questions
Can a court issue an eviction summons before the complaint is filed?
No. Section 25-21,222 requires the plaintiff to file the written complaint first; the summons cannot issue until that happens.
What must the complaint say about the property?
It must particularly describe the premises that were entered upon or detained.
What two theories can an eviction complaint allege?
Either an unlawful and forcible entry followed by an unlawful and forcible detention, or an unlawful and forcible detention following a peaceable or lawful entry.
Does the complaint become part of the official court record?
Yes. Section 25-21,222 requires the complaint to be copied into and made a part of the record.
Does this section require a specific printed form for the complaint?
No. It sets out what the complaint must describe and allege, not a mandated form.
What happens after the complaint is filed?
The summons required by section 25-21,223 can then be issued, with a copy of the complaint attached to it.
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
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