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§ 25-520.01.Service by publication; mailing of published notice; requirements; waiver; when mailing not required.

Article 5: Commencement of Actions and Service of Process · Last amended 2021 · Last verified July 22, 2026

In one sentenceThis section requires a party who publishes notice to also mail a copy of it within five days to every known interested party with a discoverable address, file a proof-of-mailing affidavit, and follow special rules for waived notice and special-assessment liens.

Full Text of § 25-520.01

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(1) Except as provided in subsection (3) of this section, in any action or proceeding of any kind or nature, as defined in section 25-520.02, where a notice by publication is given as authorized by law, a party instituting or maintaining the action or proceeding with respect to notice or such party's attorney shall within five days after the first publication of notice send by United States mail a copy of such published notice or, if applicable, the notice described in subsection (4) of this section, to each and every party appearing to have a direct legal interest in such action or proceeding whose name and post office address are known to such party or attorney.
(2) Proof by affidavit of the mailing of such notice shall be made by the party or such party's attorney and shall be filed with the officer with whom filings are required to be made in such action or proceeding within ten days after mailing of such notice. Such affidavit of mailing of notice shall further be required to state that such party and such party's attorney, after diligent investigation and inquiry,
were unable to ascertain and do not know the post office address of any other party appearing to have a direct legal interest in such action or proceeding other than those to whom notice has been mailed in writing.
(3) It shall not be necessary to serve the notice prescribed by this section upon any competent person, fiduciary, partnership, or corporation, who has waived notice in writing, has entered a voluntary appearance, or has been personally served with summons or notice in such proceeding.
(4) In the case of a lien for a special assessment imposed by any city or village, in lieu of sending a copy of published notice, the city or village may instead send by United States mail, to each and every party appearing to have a direct legal interest in such action or proceeding whose name and post office address are known to the city or village or its attorney, a notice containing the amount owed, the date due, and the date the board of equalization meets in case of an appeal.

Source

Laws 1957, c. 80, § 1, p. 325; Laws 1959, c. 97, § 1, p. 416; Laws 2021, LB58, § 1.

Plain-English Summary

Publication alone does not always satisfy Nebraska’s notice requirements. Section 25-520.01 adds a mailing backstop for a broad category of actions and proceedings. Except as the section itself limits, a party instituting or maintaining an action with a published notice has to send, within five days after the first publication, a copy of that published notice (or, where applicable, the alternative notice described in subsection (4)) by United States mail to every party who appears to have a direct legal interest in the case and whose name and address are known.

Proof follows the same documentary pattern as publication itself: the party or the party’s attorney has to file an affidavit of mailing within ten days after mailing, and that affidavit has to state that the party and attorney, after diligent investigation, could not identify or do not know the address of any other interested party beyond those already mailed notice.

The mailing requirement has real limits. It does not apply to anyone who has already waived notice in writing, entered a voluntary appearance, or been personally served with summons or notice in the proceeding — those parties do not need the extra mailed copy on top of what they already received or waived. And for a special assessment lien imposed by a city or village, the local government can send a more targeted notice instead of the published notice itself — one stating the amount owed, the due date, and when the board of equalization meets for an appeal.

Frequently Asked Questions

Do I have to mail a copy of the published notice to anyone?

Yes, generally. Within five days after the first publication, you must mail a copy to every party appearing to have a direct legal interest whose name and address you know.

What has to be in the affidavit proving the notice was mailed?

It has to be filed within ten days after mailing and state that the party and attorney, after diligent investigation, could not identify or learn the address of any other interested party beyond those who were mailed notice.

Who is exempt from receiving this mailed notice?

Anyone who has already waived notice in writing, entered a voluntary appearance, or been personally served with summons or notice in the proceeding.

Is there a different rule for special assessment liens imposed by a city or village?

Yes. Instead of mailing the published notice, the city or village can mail a notice stating the amount owed, the due date, and when the board of equalization meets to hear an appeal.

What happens if I cannot find an interested party’s address?

The affidavit of mailing has to explain that the party and attorney, after diligent investigation and inquiry, were unable to ascertain that address, which is why publication alone can suffice for that party.

Does this mailing requirement apply to every action where notice is published?

It applies broadly to actions and proceedings as defined by section 25-520.02, subject to the exceptions in subsection (3) of this section.

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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