If the defendant does not appear in response to the summons, and it shall have been properly served, the court shall try the cause as though he were present.
§ 25-21,224.Forcible entry and detainer; failure of defendant to appear; effect.
Article 21: Special Proceedings and Actions · Last amended 1972 · Last verified July 22, 2026
In one sentenceIf a tenant who was properly served with an eviction summons fails to appear for trial, the court proceeds to try the case as though the tenant were present.
Full Text of § 25-21,224
Source
Laws 1929, c. 82, § 123, p. 310; C.S.1929, § 22-1207; R.S.1943, § 26-1,124; Laws 1972, LB 1032, § 74; R.S.1943, (1985), § 24-574.
Plain-English Summary
Section 25-21,224 answers a simple question: what happens if the defendant just does not show up? So long as the summons was properly served under section 25-21,223, the court does not pause the case or wait for the defendant to appear later. It tries the cause exactly as if the defendant were sitting in the courtroom.
That means the plaintiff still has to put on evidence supporting the complaint, and the court, or a jury if one was demanded, still has to find the complaint true before entering judgment for restitution under section 25-21,226 or 25-21,227. The absent defendant loses the chance to contest the evidence or offer a defense at that trial.
Frequently Asked Questions
What happens if a tenant does not show up for the eviction trial?
The court still tries the case, treating it as though the tenant were present, so long as the summons was properly served.
Does the landlord automatically win if the tenant fails to appear?
Not automatically. The court, or jury, still has to find the complaint true based on the evidence presented before entering judgment for the landlord.
What counts as “properly served” for this section to apply?
Service that follows the methods and timing set out in section 25-21,223, including the substitute service option when ordinary service fails despite reasonable diligence.
Can a tenant challenge the outcome later if they miss the trial?
Section 25-21,224 addresses only what happens at the trial itself when the defendant does not appear; it does not set out a separate procedure for reopening that outcome.
What should a tenant do if they cannot attend the scheduled trial?
The tenant can seek a continuance under section 25-21,225 or otherwise arrange to appear or be represented, since the case proceeds on the scheduled date regardless.
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: what happens if tenant misses eviction court nebraskadefault eviction judgment nebraskafailure to appear at eviction hearingeviction trial without the tenant presentskipping the eviction court date