Legal Question in Civil Litigation in Nebraska

Re: Summons and Answer

It depends upon the nature of the summons. Generally in civil litigation, an answer or pleading must be filed with the clerk of the court no later than 30 days following service of the summons.

There are exceptions to this rule which may allow for filing of answers after this deadline which are too fact specific or too complicated to discuss here. Additionally, being in default of pleading- not filing an answer or pleading within the time allowed by law, does not automatically result in a default judgment. Application for a default judgment must be presented to the court and a judge must rule on the application. Beware! If you are in default in pleading, some judges may not require the other party to give you any notice of their intent to proceed to default judgment beyond the service of the summons in the case.

If you are either beyond the allotted thirty days following service, or your opposite party is, you need to contact an attorney to evaluate your situation without delay. S/he can advise you if any exceptions to the general rules will apply in your case, and how to best protect your rights. It is possible to vacate default judgments in certain circumstances if one has been entered and there are practices to make this more difficult. The application of the statutes concerning defaults in pleading and judgment can destroy a perfectly proper lawsuit or render permanent an improper one, so it is worth your money and time to consult an attorney.