(a) Service: When Required. 

   (1) In general. Except as otherwise provided in these rules or by statute, the following shall be served on each of the parties:

   (A) every pleading subsequent to the original complaint or petition unless otherwise ordered by the court due to numerous defendants;

   (B) an order stating that service is required;

   (C) every document relating to discovery required to be served on a party unless otherwise ordered by the court;

   (D) every written motion, other than one which may be heard ex parte; and

   (E) every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar documents.

   (2) No service is required on parties who are in default for failing to appear, unless the pleadings assert new or additional claims for relief. Such new pleadings shall be served as provided for service of summons.

   (3) If an action is for seizure of property, in which no person need be or is named as 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.

   (1) If a party is represented by an attorney, service shall be made on the attorney unless the court orders service on the party.

   (2) Except as provided in subsection (3), service of any required document shall be made by:

   (A) delivering to the person to be served;

   (B) mailing it to the person to be served by first-class mail to the address provided in § 6-1111(a)(3) or the last-known address of the person in which event service is complete upon mailing;

   (C) leaving it at the person's office with the person's clerk or other person in charge; or if the office is closed or if the person has no office, leaving it at the person's dwelling place or usual place of abode with some person of suitable age and discretion who resides there;

   (D) sending it to the person by email if the person being served has designated an email address pursuant to § 6-1111(a)(3), or sending it via the court-authorized service provider to a registered user. In either event, service is complete upon filing or sending the document, but is not effective if the filer or sender learns that it did not reach the person to be served; or

   (E) delivering it by any other means consented to in writing by the party being served or leaving it with the court clerk if authorized by statute.

   (3) Attorneys and registered users. If a filing is made electronically via the court-authorized service provider, service shall be made electronically on all Nebraska attorneys and other registered users via the court-authorized service provider.

   (c) Service; Numerous Defendants. If an action involves an unusually large number of defendants, the court may, on motion or on its own, order:

   (1) service of the pleadings of the defendants and replies need not be made as between the defendants;

   (2) any cross-claim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them shall be treated as denied or avoided by all other parties; and

   (3) filing of such pleading and service on the plaintiff constitutes notice of the pleading to all parties.

   (4) A copy of such order shall be served upon the parties in such manner and form as the court directs.

   (d) Filing: Proof of Service; Certificate of Service.

   (1) Proof of service shall 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. When a document is electronically filed via the court-authorized service provider, the provisions of § 2-205 shall control.

   (2) All documents after the complaint required to be served upon a party (except discovery material), together with a certificate of service, shall be filed in 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. 

   (1) A person represented by an attorney must file electronically unless non-electronic filing is allowed by other court rule.

   (2) A non-attorney may only file electronically if allowed by court rule.

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; § 6-1105 amended June 9, 2021, effective January 1, 2022.