Ministerial officers, whose duty it is to take security on undertakings, bonds and recognizances, provided by this code, shall require the person offered as surety to make an affidavit of his qualifications. The taking of such an affidavit shall not exempt any ministerial officer, or other officer acting in a ministerial capacity, from any liability to which he might otherwise be subject for taking insufficient surety.
§ 25-2222.Sureties; affidavit of qualifications; effect.
Article 22: Process, Court Records, and Ministerial Officers · Last amended 1972 · Last verified July 22, 2026
In one sentenceThis section requires a ministerial officer taking security on an undertaking, bond, or recognizance under the Code to obtain an affidavit of qualifications from the proposed surety, without excusing that officer from liability for accepting an insufficient surety.
Full Text of § 25-2222
Source
R.S.1867, Code § 894, p. 549; Laws 1905, c. 179, § 1, p. 672; R.S.1913, § 8571; C.S.1922, § 9522; Laws 1923, c. 112, § 1, p. 270; Laws 1927, c. 68, § 1, p. 231; C.S.1929, § 20-2223; R.S.1943, § 25-2222; Laws 1972, LB 1032, § 145.
Plain-English Summary
When a bond, undertaking, or recognizance under the Code calls for security, section 25-2222 puts a screening step in the ministerial officer’s hands: the officer must require the person offered as surety to make an affidavit of his qualifications. That affidavit gives the officer a sworn basis for judging whether the proposed surety can back the obligation.
Taking the affidavit does not end the officer’s exposure, though. The section says directly that obtaining it does not exempt any ministerial officer, or other officer acting in a ministerial capacity, from liability for taking insufficient surety. So an officer who accepts a surety who turns out to lack the means to satisfy the obligation can still face liability, even having collected the required affidavit.
Frequently Asked Questions
What must a ministerial officer do before accepting a surety on a bond or undertaking?
Require the proposed surety to make an affidavit of his qualifications.
What is an “affidavit of qualifications”?
A sworn statement from the person offered as surety, addressing their qualifications to serve as surety on the bond, undertaking, or recognizance.
Does taking this affidavit protect the officer from liability if the surety turns out to be insufficient?
No. Section 25-2222 states plainly that taking the affidavit does not exempt the officer from liability for taking insufficient surety.
Who counts as a “ministerial officer” for purposes of this section?
Any officer whose duty is to take security on undertakings, bonds, and recognizances under the Code, along with any other officer acting in a ministerial capacity in that role.
What happens if a surety who filed the required affidavit later proves unable to cover the obligation?
The officer who accepted that surety may still be liable, since the affidavit requirement does not, by itself, shield the officer from responsibility for accepting insufficient surety.
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: surety affidavit of qualifications nebraskaministerial officer surety liabilityinsufficient surety bond nebraskaqualifying a surety on undertakingsheriff liability accepting bad surety