Article 5: Commencement of Actions and Service of Process · Last amended 2019 · Last verified July 22, 2026
In one sentenceThis section treats a voluntary appearance as equivalent to service, sets out how and when defenses like lack of personal jurisdiction or defective service must be raised or are waived, and confirms that filing a bankruptcy suggestion is not an appearance.
Full Text of § 25-516.01
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(1) The voluntary appearance of the party is equivalent to service.
(2) A defense of lack of personal jurisdiction, insufficiency of process, or insufficiency of service of process may be asserted only under the procedure provided in the pleading rules adopted by the Supreme Court. If any of those defenses are asserted either by motion or in a responsive pleading and the court overrules the defense, an objection that the court erred in its ruling will be waived and not preserved for appellate review if the party asserting the defense either (a) thereafter files a demand for affirmative relief by way of counterclaim, cross-claim, or third-party claim or (b) fails to dismiss a demand for such affirmative relief that was previously filed. If any of those defenses are asserted either by motion or in a responsive pleading and the court overrules the defense, an objection that the court erred in its ruling on any issue, except an objection to the court's ruling on personal jurisdiction, will be waived and not preserved for appellate review if the party asserting the defense thereafter participates in proceedings on any issue other than those defenses.
(3) The filing of a suggestion of bankruptcy is not an appearance and does not waive the defense of lack of personal jurisdiction, insufficiency of process, or
Section 25-516.01 addresses what happens after service — or the lack of proper service — meets a defendant’s response. Subsection (1) states a simple equivalence: a party’s voluntary appearance in the case counts the same as being served. Someone who shows up and participates cannot later argue they were never properly reached.
Subsection (2) governs the defenses of lack of personal jurisdiction, insufficiency of process, and insufficiency of service of process. These defenses have to be raised the way the Supreme Court’s pleading rules require, and the section sets real consequences for what happens after a court overrules one. If a party loses on one of these defenses and then files a counterclaim, cross-claim, or third-party claim for affirmative relief — or fails to dismiss one already filed — the party waives any appellate challenge to that ruling. Separately, if the party goes on to participate in proceedings on any issue other than these defenses, the party waives appellate review of the ruling on every issue except personal jurisdiction specifically — that one issue survives continued participation in the case.
Subsection (3) protects a defendant in one particular situation: filing a suggestion of bankruptcy is not treated as an appearance and does not waive the defenses of lack of personal jurisdiction, insufficiency of process, or insufficiency of service of process. A party can flag a bankruptcy stay without accidentally forfeiting a challenge to how the case reached them.
Frequently Asked Questions
Does showing up in court count as being served?
Yes. A voluntary appearance is treated as equivalent to service under this section.
How do I raise a defense that I was not properly served?
Defenses of lack of personal jurisdiction, insufficiency of process, or insufficiency of service of process must be raised under the procedure set out in the Supreme Court’s pleading rules.
What happens if I lose on a service defense and then file a counterclaim?
Filing a counterclaim, cross-claim, or third-party claim for affirmative relief after the court overrules the defense — or failing to dismiss one already filed — waives any appellate challenge to that ruling.
If I participate in the case after losing a jurisdiction defense, do I lose my right to appeal it?
You waive appellate review of the ruling on other issues by continuing to participate, but an objection to the court’s ruling on personal jurisdiction specifically is not waived by that continued participation.
Does filing a bankruptcy notice waive my defense that service was defective?
No. Filing a suggestion of bankruptcy is not an appearance and does not waive defenses of lack of personal jurisdiction, insufficiency of process, or insufficiency of service of process.
Can I raise a lack-of-service defense at any point in the case?
The defense has to be asserted through the procedure in the pleading rules, and continued participation in the case after losing the defense can waive appellate review of most issues, so raising it early and preserving the objection matters.
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:voluntary appearance equals servicewaiving personal jurisdiction defense nebraskainsufficiency of service of process defensesuggestion of bankruptcy waiverdefective service defense waivedhow to preserve jurisdiction objection on appeal