§ 25-2207.Record of service of summons; entry as evidence.
Article 22: Process, Court Records, and Ministerial Officers · Last amended 2018 · Last verified July 22, 2026
Full Text of § 25-2207
Source
R.S.1867, Code § 886, p. 548; R.S.1913, § 8555; C.S.1922, § 9506; C.S.1929, § 20-2207; R.S.1943, § 25-2207; Laws 2018, LB193, § 37.
Plain-English Summary
Once a summons comes back served, section 25-2207 requires the clerk to enter, upon the record, the name of the defendant or defendants summoned and the day service was made on each one. That entry sits alongside the sheriff’s or process server’s original return, but it serves a distinct purpose.
If the original return is later lost, the clerk’s record entry stands in for it: the statute makes that entry evidence of service. So even without the original paper return in hand, a court can still confirm from the record that a defendant was served, and when.
Frequently Asked Questions
What does the clerk record when a summons comes back served?
The name of each defendant summoned and the date service was made on that defendant.
Why record this if the sheriff’s original return already exists?
Because the entry becomes evidence of service if the original return is later lost, giving the case a backup record that does not depend on one piece of paper surviving.
What happens if the original return of service is lost?
The clerk’s record entry serves as evidence of the service in its place.
Does this apply when there are multiple defendants?
Yes. The clerk enters the name and service date for each defendant summoned.
Is the clerk’s entry itself proof that service was proper in every respect?
Section 25-2207 makes it evidence of the service in case the original return is lost; it does not address every question that might arise about whether service otherwise complied with the law.