§ 25-520.Service by publication; when complete; how proved; affidavit of publication.
Article 5: Commencement of Actions and Service of Process · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-520
Source
R.S.1867, Code § 80, p. 406; R.S.1913, § 7643; C.S.1922, § 8586; C.S.1929, § 20-520; R.S.1943, § 25-520.
Plain-English Summary
Section 25-520 answers two practical questions about publication service: when is it finished, and how do you prove it happened? Service by publication is deemed complete once it has been made in the manner and for the time prescribed by section 25-519 — the weekly, three-successive-week run in a qualifying newspaper.
Proof comes by affidavit. The affidavit can come from the newspaper’s printer, the printer’s foreman or principal clerk, or another person who has direct knowledge that the publication occurred as required. That affidavit is the documentary record the court relies on to confirm that publication service was properly completed.
Frequently Asked Questions
When is service by publication considered complete?
Once it has been made in the manner and for the time section 25-519 requires — the weekly notice run for three successive weeks.
Who can sign the affidavit proving publication was completed?
The printer of the newspaper, the printer’s foreman or principal clerk, or another person who knows that the publication was made as required.
Does the affidavit need to come from the plaintiff or the plaintiff’s attorney?
No. The affidavit comes from someone connected to the newspaper or otherwise knowledgeable about the publication itself, not from the party who requested it.
What happens if the publication ran for fewer than three weeks?
Because completion is tied to meeting the manner and time required by section 25-519, a publication that falls short of that schedule would not satisfy this section’s completion standard.
Is there anything else required beyond the newspaper affidavit for publication service?
Related notice-by-mail obligations can also apply in many cases under section 25-520.01, which requires mailing a copy of the published notice to known interested parties.