In serving all civil process and in doing his or her duties generally, when not otherwise restricted by law, the authority of a constable shall extend throughout the territory in which the judges of the county court who appointed him or her have jurisdiction, and in executing and serving process issued by courts inferior to the district court, he or she shall have and exercise the same authority and powers over goods and chattels and the persons or parties and in serving process as is granted by law to a sheriff under like process issued from courts of record. Any constable who shall knowingly perform or attempt to perform any official act outside of the territory in which the court which appointed him or her has jurisdiction shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten nor more than one hundred dollars or shall be imprisoned for not more than ten days.
§ 25-2231.Constables; authority; violation; penalty.
Article 22: Process, Court Records, and Ministerial Officers · Last amended 1988 · Last verified July 22, 2026
In one sentenceDefines a Nebraska constable’s territorial authority — matching a sheriff’s powers over goods, chattels, and persons within the appointing judges’ jurisdiction — and makes acting outside that territory a misdemeanor punishable by a modest fine or short jail term.
Full Text of § 25-2231
Source
Laws 1929, c. 82, art. XV, § 177, p. 324; C.S.1929, § 22-1507; R.S.1943, § 26-1,178; R.S.1943, (1979), § 26-1,178; Laws 1984, LB 13, § 42; Laws 1988, LB 1030, § 12; R.S.Supp.,1988, § 24-5,101.
Plain-English Summary
A constable’s authority runs only as far as the jurisdiction of the county court judges who appointed him or her. Within that territory, Section 25-2231 gives a constable the same authority and powers a sheriff would have over goods, chattels, persons, and parties when serving process issued by courts below the district court — the same reach, under a different title.
Step outside that territory, though, and the constable loses more than authority. Knowingly performing or attempting an official act beyond the appointing court’s jurisdiction is a misdemeanor, punishable on conviction by a fine of ten to one hundred dollars or up to ten days in jail.
Frequently Asked Questions
How far does a constable’s authority to serve process extend?
Throughout the territory where the county court judges who appointed the constable have jurisdiction.
Does a constable have the same powers as a sheriff?
Yes, for process issued by courts inferior to the district court, a constable has the same authority and powers over goods, chattels, persons, and parties as a sheriff.
What happens if a constable serves process outside the appointing jurisdiction?
It is a misdemeanor if done knowingly, punishable by a fine of ten to one hundred dollars or up to ten days in jail.
Is acting outside the territory always a crime, even by mistake?
No. The section applies to a constable who knowingly performs or attempts an act outside the jurisdiction.
Where does a constable’s authority come from?
Appointment by the county court judge or judges whose jurisdiction defines the constable’s territory.
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: constable authority nebraska lawconstable acting outside jurisdictionconstable misdemeanor penaltyconstable powers versus sheriffterritorial limits on a constable