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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21715
Experience:  Handle criminal matters in both state and federal courts.
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I am involved in a misdemeanor citation for a broken window,

Customer Question

I am involved in a misdemeanor citation for a broken window, and three other charges against a vandalized rental property: egress doors, and 2 charges about running a disorderly place.

I served a subpoena on the city prosecutor.

My understanding of Nebraska law is that a subpeona can be served by me to a government entity, does not need a sheriff, or some otherwise specially authorized process server.

Is this true?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.
Chat Conversation Started
Samuel-II : Hi
Samuel-II : Here is the law on process service. I do not see and exemption as you describe
Samuel-II : 25-506.01. Process; by whom served.Unless the plaintiff has elected service by certified mail, the summons shall be served by the sheriff of the county where service is made, by a person authorized by section 25-507 or otherwise authorized by law, or by a person, corporation, partnership, or limited liability company not a party to the action specially appointed by the court for that purpose. Service by certified mail shall be made by plaintiff or plaintiff’s attorney.
Samuel-II : 25-507. Process server; requirements; bond; cost.In any county which does not have a person contracted as a constable pursuant to section 25-2229, any person twenty-one years of age or older or a corporation, partnership, or limited liability company that satisfies the requirements of subsection (2) of this section shall have the same power as a sheriff to execute any service of process or order. Any person or entity may exercise the powers provided in subsection (1) of this section if such person or entity is not a party to the action, is not related to a party to the action, does not have an interest in the action, is not a public official employed by the county where service is made whose duties include service of process, and furnishes a good and sufficient corporate surety bond in the sum of fifteen thousand dollars, such bond being conditioned upon such person or entity faithfully and truly performing the duties of process server.
Samuel-II : 25-510.02. Service on state or political subdivision.The State of Nebraska, any state agency as defined in section 81-8,210, and any employee of the state as defined in section 81-8,210 sued in an official capacity may be served by leaving the summons at the office of the Attorney General with the Attorney General, deputy attorney general, or someone designated in writing by the Attorney General, or by certified mail service addressed to the office of the Attorney General. Any county, city, or village of this state may be served by personal, residence, or certified mail service upon the chief executive officer, or clerk. Any political subdivision of this state, as defined in subdivision (1) of section 13-903, other than a county, city, or village, may be served by personal, residence, or certified mail service upon the chief executive officer, clerk, secretary, or other official whose duty it is to maintain the official records, or any member of the governing board or body, or by certified mail service to the principal office of the political subdivision.
Customer :

i'm new to this

Samuel-II : If you have further questions, please post them here. Otherwise, please remember to accept so that I may get credit for my time and expertise and information
Samuel-II : I have provided the laws showing how service may be made. It must be done by someone who is not a party to the proceedings, over age 21
Samuel-II : There is no exemption for service to a government agency
Customer :

sorry, still reading.

Customer :

so my son, if not party, or if not interested, who is 30, could serve, but not me? is this a second question?

Customer :

*AND if not interested

Samuel-II : Yes
Samuel-II : He can serve it for you
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21715
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 4 other Criminal Law Specialists are ready to help you

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