Any duty enjoined by this code upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy.
§ 25-2219.Deputies of ministerial officers; acts; effect.
Article 22: Process, Court Records, and Ministerial Officers · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a ministerial officer’s lawful deputy perform any duty the Code imposes on that officer, or any act the Code permits that officer to do, with the same legal effect as if the officer had acted personally.
Full Text of § 25-2219
Source
R.S.1867, Code § 893, p. 548; R.S.1913, § 8568; C.S.1922, § 9519; C.S.1929, § 20-2220; R.S.1943, § 25-2219.
Plain-English Summary
Sheriffs, coroners, and clerks are examples of the ministerial officers the Code of Civil Procedure regularly puts to work, but these offices run day to day through deputies as much as through the officers themselves. Section 25-2219 confirms that arrangement is valid: any duty the Code enjoins upon a ministerial officer, and any act the Code permits that officer to do, may instead be performed by the officer’s lawful deputy.
The section draws no line between duties an officer must perform and acts an officer is merely allowed to perform — both categories may be carried out by a lawful deputy. That keeps process moving even when the officer named in a statute is not the one physically doing the work.
Frequently Asked Questions
Who counts as a “ministerial officer” under this section?
Officers the Code puts to work carrying out its procedures, such as sheriffs, coroners, and clerks, as those duties come up throughout the Code.
Can a deputy sheriff serve process instead of the sheriff personally?
Yes. Section 25-2219 lets a lawful deputy perform any duty or permitted act the Code assigns to the officer.
Does a deputy’s act carry the same legal effect as the officer’s own act?
Yes. The section does not distinguish between the officer performing the act and a lawful deputy performing it.
Does this cover only mandatory duties, or optional acts too?
Both. It covers any duty enjoined upon the officer and any act the officer is permitted to do.
Why does the Code need to say this instead of assuming it?
It removes any doubt that an act performed by a deputy, rather than the officer named in a statute, satisfies that statute’s requirement.
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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