Upon motion and showing by affidavit that service cannot be made with reasonable diligence by any other method provided by statute, the court may permit service to be made (1) by leaving the process at the defendant's usual place of residence and mailing a copy by first-class mail to the defendant's last-known address, (2) by publication, or (3) by any manner reasonably calculated under the circumstances to provide the party with actual notice of the proceedings and an opportunity to be heard.
§ 25-517.02.Substitute and constructive service.
Article 5: Commencement of Actions and Service of Process · Last amended 1983 · Last verified July 22, 2026
In one sentenceThis section lets a court authorize substitute or constructive service — leaving process at the residence with a mailed copy, publication, or another reasonable method — when a plaintiff shows by affidavit that no other statutory method can reach the defendant with reasonable diligence.
Full Text of § 25-517.02
Source
Laws 1983, LB 447, § 33.
Cross References
Actions against unknown defendants, see section 25-321. Actions to quiet title, see section 25-21,112 et seq.
Plain-English Summary
The standard service methods will not reach every defendant. Section 25-517.02 gives courts a fallback for those cases. On motion and a showing by affidavit that service cannot be made with reasonable diligence by any other method the statutes provide, the court may permit substitute or constructive service through one of three approaches: leaving the process at the defendant’s usual residence and mailing a copy by first-class mail to the defendant’s last-known address; service by publication; or any manner reasonably calculated under the circumstances to give the party actual notice of the proceedings and a chance to be heard.
That third option is deliberately open-ended, letting a court craft a method suited to the specific difficulty a plaintiff faces in reaching a hard-to-locate defendant, so long as it is reasonable under the circumstances. But the section is not a shortcut around the ordinary methods — the affidavit has to show that reasonable diligence with the standard options has failed before a court will authorize something outside them.
Frequently Asked Questions
When can I ask a court for substitute or constructive service?
When you can show by affidavit, on motion, that service cannot be made with reasonable diligence by any other method the statutes provide.
What are the substitute service options a court can permit?
Leaving the process at the defendant’s usual residence and mailing a copy first-class to the last-known address, service by publication, or any manner reasonably calculated to give actual notice and an opportunity to be heard.
Can a court create a service method not listed anywhere else in the statutes?
Yes, through the third option, which allows any manner reasonably calculated under the circumstances to provide actual notice and an opportunity to be heard.
Do I need to try the standard service methods first?
Yes. The affidavit supporting the motion has to demonstrate that reasonable diligence using the other statutory methods was unsuccessful before the court will authorize substitute or constructive service.
How does this section relate to actions against unknown defendants?
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: substitute service nebraskaconstructive service requirementscannot locate defendant servicereasonable diligence affidavit servicealternative service methods nebraskaservice by any manner reasonably calculated