A party against whom a judgment or order has been rendered without other service than by publication in a newspaper may, at any time within five years after the date of entry of the judgment or order, have the same opened to allow the applicant to appear in court and make a defense. Before the judgment or order is opened, the applicant shall give notice to the adverse party of the intention to make such application and shall file a full answer to the petition or complaint, pay all costs, if the court requires them to be paid, and make it appear to the satisfaction of the court, by affidavit, that during the pendency of the action the applicant had no actual notice thereof in time to appear in court and make a defense. The title to any property, the subject of the judgment or order sought to be opened, which by it, or in consequence of it, has passed to a purchaser in good faith, shall not be affected by any proceedings under this section, nor shall the proceedings affect the title of any property sold before judgment under an attachment. The adverse party, on the hearing of an application to open a judgment or order, as provided by this section, shall be allowed to present counter-affidavits, to show that during the pendency of the action the applicant had notice thereof in time to appear in court and make a defense.
§ 25-525.Judgment on constructive service; how opened; procedure.
Article 5: Commencement of Actions and Service of Process · Last amended 2002 · Last verified July 22, 2026
In one sentenceSection 25-525 lets a party against whom judgment was entered based only on published notice ask, within five years, to reopen the case and defend it, provided the party gives notice, files a full answer, and shows by affidavit there was no actual notice in time to appear.
Full Text of § 25-525
Source
R.S.1867, Code § 82, p. 406; R.S.1913, § 7646; C.S.1922, § 8590; C.S.1929, § 20-525; R.S.1943, § 25-525; Laws 2000, LB 921, § 3; Laws 2002, LB 876, § 17.
Plain-English Summary
Service by publication reaches people the court could not find any other way, but it also carries a real risk: someone might never see the notice and lose a case without knowing it existed. Section 25-525 gives that person a second chance. Within five years of the judgment or order, the party can apply to have it opened, appear, and defend on the merits.
The path there has conditions. Before the court opens the judgment, the applicant has to notify the other side of the plan to apply, file a complete answer to the original petition or complaint, pay costs if the court requires it, and satisfy the court by affidavit that there was no actual notice of the case in time to appear and defend. The adverse party is not shut out of that hearing either — the statute lets them offer counter-affidavits showing the applicant did, in fact, have timely notice.
The section also protects people who relied on the judgment in the meantime. If title to the property at issue passed to a good-faith purchaser because of the judgment, reopening the case does not undo that sale. The same protection covers property sold under an attachment before the judgment was entered.
Frequently Asked Questions
How long do I have to reopen a judgment based only on service by publication?
Five years from the date the judgment or order was entered.
What do I need to show to reopen the case?
Notice to the adverse party of the intent to apply, a full answer to the original petition or complaint, payment of costs if the court requires it, and an affidavit showing you had no actual notice of the case in time to appear and defend.
Can the other side fight my application to reopen the judgment?
Yes. The adverse party may present counter-affidavits at the hearing to show you had timely notice of the case after all.
If I reopen the judgment, does that undo a sale of the property to someone else?
Not if the property passed to a good-faith purchaser because of the judgment. That title stays protected, and the same is true for property sold under an attachment before judgment.
Does this section apply to every type of judgment?
It applies to a judgment or order rendered without any service on the party other than publication in a newspaper.
Do I have to pay the other side’s costs to reopen the case?
Only if the court requires it as a condition of opening the judgment.
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: reopen judgment service by publicationdefault judgment no actual notice nebraskafive year deadline reopen judgmentvacate judgment constructive service25-525 statute