§ 25-21,223.Forcible entry and detainer; summons; service; trial date.
Article 21: Special Proceedings and Actions · Last amended 2004 · Last verified July 22, 2026
In one sentenceThis section governs the eviction summons: it must attach the complaint, state the trial date, and warn of a default judgment; it must be served within three days and returned within five, with trial held ten to fourteen days after issuance, and allows substitute service by leaving and mailing a copy when ordinary service fails.
Full Text of § 25-21,223
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The summons shall be issued and directed with a copy of the complaint attached to the summons, shall state the cause of the complaint, the time and place of trial of the action for possession, and the answer day for other causes of action, and shall notify the defendant that if he or she fails to appear, judgment shall be entered against him or her. The summons may be served and returned as provided in sections 25-505.01 to 25-516.01, except that the summons shall be served within three days, excluding nonjudicial days, from the date of its issuance and shall be returnable within five days, excluding nonjudicial days, from the date of its issuance. If service cannot be made with reasonable diligence under such sections, service may be made by any person by leaving a copy of the summons at the detained premises and mailing a copy by first-class mail to the defendant's last- known address. The person making the service shall file with the court an affidavit stating with particularity the manner in which he or she made the service and, if service was not made as provided in sections 25-505.01 to 25-516.01, the reasons why service under such sections was unsuccessful. Trial of the action for
possession shall be held not less than ten nor more than fourteen days after the date of issuance of the summons.
Section 25-21,223 sets the pace of an eviction case once the summons issues. The summons has to carry a copy of the complaint, state the cause of the complaint, give the time and place of the trial on possession, set an answer day for any other causes of action, and warn the defendant that judgment will follow a failure to appear.
Service and return move fast compared to ordinary civil cases. The summons normally follows Nebraska’s general service statutes, sections 25-505.01 to 25-516.01, but it must be served within three days, excluding nonjudicial days, from issuance, and returned within five days, excluding nonjudicial days. If reasonable diligence under those general service statutes still fails to reach the defendant, the process server may instead leave a copy of the summons at the detained premises and mail a copy by first-class mail to the defendant’s last-known address, then file an affidavit describing exactly how service was made and why the ordinary method did not work.
Trial itself is scheduled within a narrow window: not less than ten, and not more than fourteen, days after the summons issues. That window keeps a possession dispute from dragging on while the parties wait for a court date.
Frequently Asked Questions
How quickly must an eviction summons be served in Nebraska?
Within three days, excluding nonjudicial days, from the date the summons issues, unless substitute service by leaving and mailing a copy becomes necessary.
When must the summons be returned to the court?
Within five days, excluding nonjudicial days, from the date of issuance.
When is the eviction trial held?
Not less than ten nor more than fourteen days after the date the summons was issued.
What if the defendant cannot be served under Nebraska’s general service rules?
The server may leave a copy of the summons at the detained premises and mail a copy by first-class mail to the defendant’s last-known address, then file an affidavit explaining the method used and why service under the general rules failed.
What warning must the summons give the defendant?
That judgment will be entered against the defendant if the defendant fails to appear.
Does the summons need to state anything besides the possession claim?
Yes. It must also set an answer day for any other causes of action included in the case, along with the trial time and place for possession.
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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