No officer shall make a return on any process of "not found" as to any defendant, unless he shall have been once at least to the usual place of residence of the defendant, if such defendant has any in the jurisdiction of the court.
§ 25-2236.Constables and sheriffs; return of not found; when made.
Article 22: Process, Court Records, and Ministerial Officers · Last amended 1929 · Last verified July 22, 2026
In one sentenceBars an officer from returning process as “not found” for a defendant without first visiting the defendant’s usual place of residence at least once, if the defendant has a residence within the court’s jurisdiction.
Full Text of § 25-2236
Source
Laws 1929, c. 82, art. XV, § 175, p. 324; C.S.1929, § 22-1505; R.S.1943, § 26-1,176; R.S.1943, (1979), § 26-1,176; R.S.1943, (1985), § 24-599.
Plain-English Summary
A “not found” return tells the court the officer could not locate the defendant to serve process. Section 25-2236 keeps that shortcut from becoming a rubber stamp. An officer cannot make that return unless he has gone at least once to the defendant’s usual place of residence, provided the defendant has a residence within the court’s jurisdiction.
The requirement gives the defendant a genuine chance at notice before a case moves forward on the assumption that service could not be accomplished.
Frequently Asked Questions
Can a sheriff or constable mark a defendant “not found” without trying to serve them?
No. The officer must have gone to the defendant’s usual residence at least once first, if the defendant has one within the jurisdiction.
Does this requirement apply if the defendant has no residence in the court’s jurisdiction?
The visit requirement is tied to the defendant having a residence within the jurisdiction; the section addresses that situation specifically.
Does this section apply to both constables and sheriffs?
Yes.
What is the point of requiring at least one visit?
It gives the defendant a real chance at notice before a “not found” return is accepted and the case proceeds without personal service.
Is one visit enough, or must the officer keep trying?
The section requires at least one visit — a single documented attempt at the usual residence satisfies it.
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: not found return nebraska servicesheriff must visit residence firstservice attempt requirement nebraskanot found return of process