§ 25-2201.Process; style.
Article 22: Process, Court Records, and Ministerial Officers · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-2201
Source
R.S.1867, Code § 880, p. 547; R.S.1913, § 8549; C.S.1922, § 9500; C.S.1929, § 20-2201; R.S.1943, § 25-2201.
Cross References
Constitutional requirements, see Article V, section 24, Constitution of Nebraska.
Plain-English Summary
Section 25-2201 sets the formal opening line that every piece of process must carry: “The State of Nebraska, .............. county.” That caption tells anyone reading the document which sovereign and which county the court draws its authority from before a single word of the actual command appears. The section then adds three more requirements that turn a piece of paper into valid process: the seal of the issuing court, the clerk’s signature, and the date the process issued.
None of these four elements is decorative. The caption identifies the court’s jurisdiction, the seal authenticates the document as an official act of that court, the clerk’s signature ties a specific officer to its issuance, and the date fixes when the clock starts running on whatever the process demands. The Nebraska Constitution itself addresses the style of process in Article V, Section 24, so this statute carries forward a requirement with constitutional roots rather than inventing one from scratch.
Frequently Asked Questions
What words must appear at the top of Nebraska legal process?
“The State of Nebraska, .............. county,” with the county name filled in, as set out in section 25-2201.
Why does process open by naming the State and the county?
It identifies the sovereign authority and the county whose court is issuing the document, before the substance of the writ or summons follows.
What else has to appear on a valid piece of process besides the caption?
The seal of the court that issued it, the clerk’s signature, and the date it issued.
Who signs process before it goes out?
The clerk of the court from which the process issues.
Does every Nebraska court use this same style of process?
Yes. Section 25-2201 applies to “all processes,” so the caption and the seal, signature, and date requirements are not limited to one type of court or one type of writ.
Does this requirement come only from statute?
No. Article V, Section 24 of the Nebraska Constitution also addresses the style of process, so the statute reflects a constitutional-level requirement.