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§ 25-503.01.Summons.

Article 5: Commencement of Actions and Service of Process · Last amended 2002 · Last verified July 22, 2026

In one sentenceThis section sets what a Nebraska summons must contain and say, including a warning that the defendant must respond within thirty days, and caps a default judgment at the relief and type of damages demanded in the complaint.

Full Text of § 25-503.01

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(1) The summons shall be directed to the defendant or defendants, and contain the names of the parties and the name and address of the plaintiff's attorney, if any, otherwise the address of the plaintiff. It shall notify defendant that in order to defend the lawsuit an appropriate written response shall be filed with the court within thirty days after service, and that upon failure to do so the court may enter judgment for the relief demanded in the complaint.
(2) A judgment by default shall not be different in kind from that demanded in the complaint. If only special damages are demanded a judgment by default shall not exceed the amount demanded in the complaint.

Source

Laws 1983, LB 447, § 20; Laws 2002, LB 876, § 13.

Cross References

Workers' compensation cases, court issues summons, see sections 48-174 and 48-190.

Plain-English Summary

The summons is the document that puts a defendant on formal notice that a lawsuit has begun. Section 25-503.01 spells out what has to be on it: the parties’ names, the name and address of the plaintiff’s attorney (or the plaintiff’s own address if there is no attorney), and a warning that the defendant must file an appropriate written response within thirty days of service. That warning also has to say what happens if the defendant does nothing — the court may enter judgment for the relief demanded in the complaint.

That last phrase is not just a scare line. Subsection (2) backs it up with a real limit: a default judgment cannot award relief different in kind from what the complaint demanded, and if the complaint demanded only special damages, a default judgment cannot exceed the amount specifically demanded. A defendant who ignores a lawsuit is still protected from being blindsided by a judgment far outside what the complaint asked for.

For anyone served with a Nebraska summons, the thirty-day clock is the number to write down first. Miss it, and the risk described in the summons — a default judgment — becomes real, though bounded by the kind and amount of relief the plaintiff requested.

Frequently Asked Questions

How much time do I have to respond after being served with a Nebraska summons?

Thirty days from the date of service. The summons itself has to state this deadline and warn that failure to respond can lead to a default judgment.

What information does a Nebraska summons have to include?

The names of the parties and the name and address of the plaintiff’s attorney, or the plaintiff’s own address if unrepresented, along with the response-deadline warning required by the section.

Can a default judgment award more than what the complaint asked for?

No. A default judgment cannot be different in kind from the relief demanded, and if only special damages were demanded, it cannot exceed the amount demanded in the complaint.

What does “different in kind” mean for a default judgment?

It means the type of relief awarded, such as money damages versus injunctive relief, has to match what the complaint sought, not a different category of remedy.

What is an “appropriate written response” to a summons?

It generally means an answer or other responsive pleading filed with the court, though the exact form is governed by the pleading rules rather than by this section itself.

Does this section apply to summonses issued for workers’ compensation cases?

Workers’ compensation summonses are handled under sections 48-174 and 48-190, which this section cross-references, so those cases follow a related but distinct procedure.

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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