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Section 6-1105 – Serving and filing pleadings and other papers

May 13, 2021 | Civil Procedure, Nebraska

(a)Service: When Required. Except as otherwise provided in these rules or by statute, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of a summons.

In an action begun by seizure of property, in which no person need be or is named as a defendant, any service required to be made prior to the filing of any answer, claim, or appearance shall be made upon the person having custody or possession of the property at the time of its seizure.

Comment: The second sentence of the first paragraph addresses only whether one party must serve papers on a party for whom no appearance has been entered. Section 25-1308 provides the procedure when a party is in default for failure to answer or for other reasons.

(b)Same: How made.

(1) Whenever in any action or proceeding, any order, motion, notice, or other document, except a summons, is required by statute or rule of the Supreme Court to be served upon or given to any party represented by an attorney whose appearance has been noted on the record, such service or notice shall be made upon or given to such attorney, unless service upon the party or some other person is ordered by the court.
(2) Service upon an attorney or upon a party not represented by an attorney shall be made by:

(A) delivering the paper to the person to be served;
(B) mailing it to the person to be served by first-class mail at the address designated pursuant to § 6-1111(a)(1), or if none is so designated, to the last-known address of the person;
(C) leaving it at the person’s office with the person’s clerk or other person in charge thereof; or, if the office is closed or the person to be served has no office, leaving it at the person’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein;
(D) transmitting it by facsimile to the person, if the person has designated a fax number pursuant to § 6-1111(a)(2);
(E) sending it to the person by electronic means if the person being served has designated an e-mail address pursuant to § 6-1111(a)(2) or has registered to use E-Filing under § 6-403; or
(F) delivering it by electronic or other means consented to in writing by the party being served.
(3) Proof of service may be made by certificate of the attorney causing the service to be made or by certificate of the party not represented by an attorney. A certificate of service shall state the manner in which service was made on each person served.
(4) Service by mail is complete upon mailing. Service by facsimile or electronic means is complete upon transmission, but it is not effective if the person attempting to make service learns that the attempted service did not reach the person to be served.
(5) Any requirement that a document or notice in a civil action be written or in writing is satisfied if the document or notice is served by electronic means pursuant to § 6-1105(b)(2).
(c)Same: Numerous Defendants. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.
(d)Filing: Certificate of Service. All papers after the complaint required to be served upon a party (except Discovery Material), together with a certificate of service, must be filed in the office of the clerk of the court within a reasonable time after service. Neb. Ct. R. of Disc. § 6-326(g) governs filing of all Discovery Material.
(e)Filing with the Court Defined. [Reserved].

Neb. Sup. Ct. R. 6-1105

Rule 5(b) amended June 25, 2008, effective date July 18, 2008. Renumbered and codified as § 6-1105(b), effective July 18, 2008; § 6-1105(b)(2)(E) amended August 31, 2011; § 6-1105(b)(2)(E) amended June 8, 2016.