It shall be the lawful right of any plaintiff or petitioner in any suit, action or proceeding, pending or prosecuted in any of the courts of this state, in which it is necessary to publish in a newspaper any notice or copy of an order, growing out of, or connected with, such action or proceeding, either by himself or his attorney of record, to designate in what newspaper such notice or copy of order shall be published; and it shall be the duty of the judges of the district court, county judges, or any other officer charged with the duty of ordering, directing or superintending the publication of any of such notices, or copies of orders, to strictly comply with such designations when made in accordance with the provisions of this section.
§ 25-522.Service by publication; designation of newspaper.
Article 5: Commencement of Actions and Service of Process · Last amended 1909 · Last verified July 22, 2026
In one sentenceSection 25-522 gives a plaintiff or petitioner, acting personally or through an attorney, the right to choose which newspaper publishes a required legal notice or order in a pending case, and it requires the judges and officers who oversee publication to honor that choice.
Full Text of § 25-522
Source
Laws 1909, c. 94, § 1, p. 399; R.S.1913, § 7645; C.S.1922, § 8588; C.S.1929, § 20-522; R.S.1943, § 25-522.
Plain-English Summary
When a Nebraska case needs a notice or a copy of a court order published in a newspaper, someone has to decide which paper runs it. Section 25-522 answers that question by putting the choice in the hands of the party who needs the publication — the plaintiff or petitioner — rather than leaving it to whatever official happens to be handling the case. That party, or the attorney of record, can designate the newspaper.
The section then binds the officials on the other end of that decision. District court judges, county judges, and any other officer responsible for ordering, directing, or overseeing the publication of a notice or order must strictly comply with the designation once it is made properly. The rule keeps a routine administrative choice — which paper to use — from becoming a point of friction or discretion for the court, so long as the plaintiff’s designation follows the requirements of the statute.
Frequently Asked Questions
Who gets to choose the newspaper for a published legal notice in Nebraska?
The plaintiff or petitioner, either personally or through an attorney of record, has the right to designate the newspaper under Section 25-522.
Can a judge overrule the plaintiff’s choice of newspaper?
The section requires judges and other officers overseeing publication to strictly comply with a designation made in accordance with the statute, so a properly made designation is not left to the judge’s discretion.
Does this section say which newspapers qualify to run legal notices?
No. Section 25-522 addresses who chooses the newspaper. The qualifications a newspaper must meet to carry legal notices are set out in Section 25-523.
Does the attorney have to make the designation, or can the client do it directly?
Either one. The statute allows the plaintiff or petitioner to designate the newspaper personally or through the attorney of record.
What kinds of officials are bound by this designation requirement?
District court judges, county judges, and any other officer charged with ordering, directing, or superintending the publication of the notice or order.
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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