Where the action is against two or more defendants, and one or more shall have been served, but not all of them, the plaintiff may proceed as follows: (1) If the action be against defendants jointly indebted upon contract, he may proceed against the defendant served, unless the court otherwise direct; (2) if the action be against defendants severally liable, he may, without prejudice to his rights against those not served, proceed against the defendants served in the same manner as if they were the only defendants.
§ 25-527.Procedure when defendants not all served.
Article 5: Commencement of Actions and Service of Process · Not amended since original codification · Last verified July 22, 2026
In one sentenceSection 25-527 lets a plaintiff proceed against defendants who have been served even when others in the same case have not, treating jointly-liable defendants and severally-liable defendants differently so a case is not stalled just because service on every defendant is incomplete.
Full Text of § 25-527
Source
R.S.1867, Code § 84, p. 407; R.S.1913, § 7648; C.S.1922, § 8592; C.S.1929, § 20-527; R.S.1943, § 25-527.
Plain-English Summary
A case against multiple defendants can stall if the plaintiff cannot locate or serve every one of them. Section 25-527 keeps that from happening. When some defendants have been served and others have not, the plaintiff has options rather than a mandatory wait.
If the defendants are jointly indebted on a contract, the plaintiff may proceed against the ones already served, unless the court directs otherwise. If the defendants are severally liable — meaning each one’s liability stands on its own — the plaintiff may proceed against the served defendants the same way as if they were the only ones in the case, without giving up any rights against the defendants who have not yet been served.
Frequently Asked Questions
Can I move forward with my case if I have only served some of the defendants?
Yes. Section 25-527 lets you proceed against the defendants who have been served rather than waiting until every defendant is served.
Does it matter whether the defendants are jointly or severally liable?
Yes. For defendants jointly indebted on a contract, you may proceed against those served unless the court directs otherwise. For severally liable defendants, you may proceed against those served as though they were the only defendants.
If I proceed against the served defendants, do I lose my claim against the ones not yet served?
No, at least for severally liable defendants — the statute specifically preserves your rights against defendants not yet served.
Can a court stop me from proceeding against jointly liable defendants who have been served?
Yes. The statute allows the court to direct otherwise in that situation.
Does this section apply outside contract cases?
The jointly-indebted-on-contract provision is specific to contract claims; the severally-liable provision applies more broadly to defendants whose liability does not depend on the others.
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: some defendants not served nebraskaproceeding against served defendantsjoint vs several liability servicepartial service multiple defendants25-527 statute