Nebraska Statutes 25-217. Action; commencement; defendant not properly served; effect
(1) An action is commenced on the day the complaint is filed with the court.
Terms Used In Nebraska Statutes 25-217
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
(2) Each defendant in the action must be properly served within one hundred eighty days of the commencement of the action. If the action is stayed or enjoined during the one-hundred-eighty-day period, then any defendant who was not properly served before the action was stayed or enjoined must be properly served within ninety days after the stay or injunction is terminated or modified so as to allow the action to proceed.
(3) If any defendant is not properly served within the time specified by subsection (2) of this section then the action against that defendant is dismissed by operation of law. The dismissal is without prejudice and becomes effective on the day after the time for service expires.
Source
- R.S.1867, Code § 19, p. 396;
- R.S.1913, § 7580;
- C.S.1922, § 8523;
- C.S.1929, § 20-217;
- R.S.1943, § 25-217;
- Laws 1979, LB 510, § 1;
- Laws 1986, LB 529, § 21;
- Laws 2002, LB 876, § 5;
- Laws 2019, LB308, § 1.