§ 25-217.Action; commencement; defendant not properly served; effect.
Article 2: Limitation of Actions · Last amended 2019 · Last verified July 22, 2026
In one sentenceThis section defines an action as commenced when the complaint is filed, requires each defendant to be properly served within one hundred eighty days after that (or ninety days after a stay lifts), and dismisses the action against any defendant not served in time.
Full Text of § 25-217
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(1) An action is commenced on the day the complaint is filed with the court.
(2) Each defendant in the action must be properly served within one hundred eighty days of the commencement of the action. If the action is stayed or enjoined during the one-hundred-eighty-day period, then any defendant who was not properly served before the action was stayed or enjoined must be properly served within ninety days after the stay or injunction is terminated or modified so as to allow the action to proceed.
(3) If any defendant is not properly served within the time specified by subsection (2) of this section then the action against that defendant is dismissed by operation of law. The dismissal is without prejudice and becomes effective on the day after the time for service expires.
Filing a complaint is only the first step. Section 25-217 states that an action is commenced the day the complaint is filed with the court, but that filing alone doesn’t keep the case alive against a defendant indefinitely. Each defendant has to be properly served within one hundred eighty days of commencement.
If the action gets stayed or enjoined during that one-hundred-eighty-day window, a defendant not yet served before the stay took effect gets a fresh ninety days after the stay or injunction is lifted or modified to allow the case to move forward again. That gives the plaintiff breathing room when the case itself was paused through no fault of their own.
Missing the service deadline has a specific, automatic consequence: the action against that defendant is dismissed by operation of law, without needing a motion or a court order to trigger it. The dismissal is without prejudice, meaning it doesn’t bar a new action outright, and it becomes effective the day after the service deadline expires. But a dismissal under this section for failure to serve in time is one of the situations section 25-201.01’s savings clause specifically does not cover — so a plaintiff who misses the 25-217 service deadline can’t rely on that savings clause to refile after the underlying statute of limitations has run.
Frequently Asked Questions
When is a lawsuit officially “commenced” in Nebraska?
On the day the complaint is filed with the court, under section 25-217(1).
How long do I have to serve the defendant after filing my complaint?
One hundred eighty days from the date the action was commenced, unless the action is stayed or enjoined during that period.
What if the case gets stayed before I finish serving a defendant?
Any defendant not properly served before the stay or injunction took effect must instead be served within ninety days after the stay or injunction is terminated or modified to let the case proceed.
What happens if I miss the deadline to serve a defendant?
The action against that defendant is dismissed by operation of law, without prejudice, effective the day after the service deadline expires.
Can I refile if my case was dismissed for failing to serve a defendant in time?
Section 25-201.01’s savings clause specifically excludes dismissals caused by failing to serve a defendant within the time section 25-217 requires, so that particular savings clause won’t help if the underlying statute of limitations has already run.
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:nebraska one hundred eighty days to servewhen is a lawsuit commenced nebraskafailure to serve defendant nebraska dismissalservice of process deadline nebraska civildismissal by operation of law nebraska