Neb. Rev. Stat. § 76-1401 et seq. § 76-1444
Default of defendant.
Operative Text
If the defendant shall not appear in response to the summons, and it shall have been properly served, the court shall try the cause as though he were present.
Nebraska Revised Statute § 76-1444 establishes that when a defendant in a landlord-tenant legal proceeding fails to appear after being properly served with a summons, the court does not simply dismiss or delay the case. Instead, the court proceeds to hear and decide the matter as if the defendant were present. This default rule ensures that a case can move forward on its merits even without the defendant's participation.
Plain English — not legal advice.
Under Neb. Rev. Stat. § 76-1444, a landlord who has properly served a summons on a defendant can expect the court to proceed with the case even if the defendant does not show up. Compliant operators typically maintain thorough documentation of proper service to ensure the court can confirm that the summons was correctly delivered before proceeding. This provision means that a properly initiated action is unlikely to stall solely because the other party fails to appear.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Neb. Rev. Stat. § 76-1444 means that if a tenant receives a summons and does not appear in court, the case will still be heard and decided without their input. Tenants who have been served with a summons generally have the option to appear and present their side of the case, raise applicable defenses, or consult a tenant-rights organization to understand available options. Ignoring a summons does not stop the court from reaching a judgment under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API