§ 25-507.01.Summons; proof of service; return date.
Article 5: Commencement of Actions and Service of Process · Last amended 2011 · Last verified July 22, 2026
Full Text of § 25-507.01
Source
Laws 1983, LB 447, § 24; Laws 2009, LB35, § 8; Laws 2011, LB669, § 9.
Cross References
Workers' compensation cases, manner and time of service, see sections 48-174, 48-175, 48-175.01, and 48-190.
Plain-English Summary
Serving a summons is only complete on paper once proof of that service reaches the court. Section 25-507.01 sets the timeline. For personal, residence, or process-server service, the person who served it has twenty days after the date of issue to file proof stating the time, place, address if applicable, name of the person the summons was left with, and the method used — or, if service failed, to return the unserved summons with a statement explaining why.
Certified mail and designated delivery service run on a different clock tied to the plaintiff rather than the process server: the plaintiff or plaintiff’s attorney has to file proof of service within ten days after the signed receipt is received or becomes available electronically, whichever happens first.
Both timelines matter for keeping the court file in order, but neither one is fatal to the underlying service if missed. The section is explicit that failure to make proof of service, or delay in doing so, does not affect the validity of the service itself. A summons that was properly served stays properly served even if the paperwork documenting it shows up late.
Frequently Asked Questions
How long does a process server have to file proof of service?
Twenty days after the date the summons was issued, for personal, residence, or process-server service.
What has to be included in the proof of service?
The time and place of service, the address if applicable, the name of the person the summons was left with, and the method of service used.
What happens if the summons could not be served?
The unserved summons is returned to the court along with a statement explaining the reason service failed.
When must proof of certified mail or designated delivery service be filed?
Within ten days after the signed receipt is received or becomes available electronically, whichever occurs first, filed by the plaintiff or the plaintiff’s attorney.
Does a late proof of service invalidate service that already happened?
No. Failure to make proof of service, or a delay in filing it, does not affect the validity of the underlying service.
Who is responsible for filing proof of service — the plaintiff or the server?
It depends on the method: the person who physically served the summons files proof for personal, residence, or process-server service, while the plaintiff or attorney files proof for certified mail or designated delivery service.