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§ 25-510.02.Service on state or political subdivision.

Article 5: Commencement of Actions and Service of Process · Last amended 2011 · Last verified July 22, 2026

In one sentenceThis section sets separate service rules for the State of Nebraska and its agencies and employees, for counties, cities, and villages, and for other political subdivisions, each routed to a specific official or office.

Full Text of § 25-510.02

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(1) The State of Nebraska, any state agency as defined in section 81-8,210, and any employee of the state as defined in section 81-8,210 sued in an official capacity may be served by leaving the summons at the office of the Attorney General with the Attorney General, deputy attorney general, or someone designated in writing by the Attorney General, or by certified mail or designated delivery service addressed to the office of the Attorney General.
(2) Any county, city, or village of this state may be served by personal, residence, certified mail, or designated delivery service upon the chief executive officer or clerk.
(3) Any political subdivision of this state, as defined in subdivision (1) of section 13-903, other than a county, city, or village, may be served by personal, residence, certified mail, or designated delivery service upon the chief executive officer, clerk, secretary, or other official whose duty it is to maintain the official records, or any member of the governing board or body, or by certified mail or designated delivery service to the principal office of the political subdivision.

Source

Laws 1983, LB 447, § 27; Laws 2011, LB669, § 12.

Plain-English Summary

Suing the government takes a different path than suing a private party, and section 25-510.02 lays out three tracks. For the State of Nebraska itself, a state agency, or a state employee sued in an official capacity, service goes to the Attorney General’s office — left with the Attorney General, a deputy attorney general, or someone the Attorney General designates in writing, or sent by certified mail or designated delivery service to that office.

Counties, cities, and villages follow a different rule: they can be served through personal, residence, certified mail, or designated delivery service upon the chief executive officer or clerk. That mirrors ordinary individual or corporate service but directs it to the local government’s top officer or the office that keeps its records.

Other political subdivisions — the kind defined in section 13-903 that are not a county, city, or village, such as many special-purpose districts — get a broader list of acceptable recipients: the chief executive officer, clerk, secretary, or other official responsible for the entity’s official records, any member of its governing board, or certified mail or designated delivery service sent to its principal office. That flexibility reflects how varied these smaller governmental bodies can be in how they are organized and staffed.

Frequently Asked Questions

How do you serve the State of Nebraska with a summons?

By leaving it at the office of the Attorney General with the Attorney General, a deputy attorney general, or a person the Attorney General has designated in writing, or by certified mail or designated delivery service to that office.

How is a Nebraska city or village served?

By personal, residence, certified mail, or designated delivery service upon the chief executive officer or the clerk of the city or village.

What about a school district or other special-purpose district?

Those political subdivisions can be served upon their chief executive officer, clerk, secretary, another official who keeps official records, or any governing board member, or by certified mail or designated delivery service to their principal office.

Does service on a state employee sued personally follow this section?

A state employee sued in an individual capacity for job-related conduct requires service under this section on the state as well as separate service on the employee, as described in section 25-511.

Can the State of Nebraska be served by mail?

Yes, by certified mail or designated delivery service addressed to the office of the Attorney General.

What is a “state agency” for purposes of this section?

The section relies on the definition in section 81-8,210, which identifies which state entities count as agencies for service purposes.

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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