Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
Repealed. Laws 1975, LB 279, § 75.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-1216 Evidence; instrument; written and printed matter; writing controls.
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When an instrument consists partly of written and partly of printed form, the former controls the latter, where the two are inconsistent.
Neb. Rev. Stat. § 25-1217 Agreements; construction of terms.
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When the terms of an agreement have been intended in a different sense by the parties to it, that sense is to prevail against either party in which he had reason to suppose the other understood it.
Neb. Rev. Stat. § 25-1218 Works of history, science, or art; presumptive evidence.
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Historical works, books of science or art, and published maps or charts, when made by persons indifferent between the parties, are presumptive evidence of facts of general notoriety or interest.
Repealed. Laws 1975, LB 279, § 75.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-1220 Handwriting; proof by comparison; experts; jury.
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Evidence respecting handwriting may be given by comparisons made, by experts or by the jury, with writing of the same person which is proved to be genuine.
Repealed. Laws 1975, LB 279, § 75.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-1222 Private writing; when admissible without proof.
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Every private writing, except a last will and testament, after being acknowledged or proved and certified in the manner prescribed for the proof or acknowledgment of conveyances of real property, may be read in evidence without further proof.
Neb. Rev. Stat. § 25-1222.01 Advance payment by person or corporation to injured person; not admission against interest; credit for payment; not admissible as evidence at trial.
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No advance payments or partial payment of damages made by an insurance company or other person, firm, trust, or corporation as an accommodation to an injured person or on his behalf to others or to the heirs at law or dependents of a deceased person made under any liability insur…
Repealed. Laws 1982, LB 716, § 4.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-1223 Trial subpoena; deposition subpoena; issuance; statement required; by whom served; forms.
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(1) Upon the request of a party to a civil action or proceeding, a subpoena may be issued to command a person to testify at a trial or deposition. The term trial in reference to a subpoena includes a hearing at which testimony may be taken. (2) The clerk or a judge of the court i…
Neb. Rev. Stat. § 25-1224 Subpoena; to whom directed; production of documents, information, or tangible things; Supreme Court; powers.
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(1) A subpoena commanding a person to appear and testify at a trial or deposition may command that at the same time and place specified in the subpoena for the person to appear and testify, the person must produce designated documents, electronically stored information, or tangib…
Repealed. Laws 2017, LB509, § 8.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-1226 Subpoena; manner of service; time.
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(1) A subpoena for a trial or deposition may be served by personal service, which is made by leaving the subpoena with the person to be served, or by certified mail service, which is made by sending the subpoena by certified mail with a return receipt requested showing to whom an…
Neb. Rev. Stat. § 25-1227 Witnesses in civil cases; compulsory attendance; distance required to travel; fees and expenses allowed.
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(1) Witnesses in civil cases cannot be compelled to attend a trial out of the state where they are served or at a distance of more than one hundred miles from the place of their residence or from the place where they are served with a subpoena, unless within the same county. Witn…
Neb. Rev. Stat. § 25-1228 Trial subpoena; witness fee; return; cost.
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(1) The witness fee for one day's attendance must be served with a trial subpoena except when the subpoena is issued (a) at the request of an agency of state government or (b) pursuant to section 25-2304. (2) The person serving the subpoena shall make a return of service stating …
Neb. Rev. Stat. § 25-1229 Subpoena; disobedience; refusal to testify or sign deposition; contempt.
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Disobedience of a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe a deposition, when lawfully ordered, may be punished as a contempt of the court or officer by whom his attendance or testimony is required.
Neb. Rev. Stat. § 25-1230 Subpoena; disobedience; attachment; undertaking; rule to show cause.
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When a witness fails to attend in obedience to a subpoena, except in case of a demand and failure to pay his or her fee, the court or officer before whom his or her attendance is required may issue an attachment to the sheriff or coroner of the county commanding him or her to arr…
Neb. Rev. Stat. § 25-1231 Subpoena; disobedience; refusal to testify or sign deposition; punishment of witness for contempt.
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The punishment for the contempt mentioned in section 25-1229 shall be as follows: When the witness fails to attend in obedience to the subpoena, except in case of a demand and failure to pay his fees, the court or officer may fine the witness in a sum not exceeding fifty dollars.…
Neb. Rev. Stat. § 25-1232 Subpoena; disobedience; attachment; commitment; form; to whom directed.
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Every attachment for the arrest or order of commitment to prison of a witness by a court or officer pursuant to sections 25-1230 and 25-1231 shall be under the seal of the court or officer, if he or she has an official seal, and shall specify particularly the cause of the arrest …
Neb. Rev. Stat. § 25-1233 Prisoner; examination; deposition; production order.
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(1) A person confined in any prison in this state shall, by order of any court of record, be produced for oral examination in the county where he or she is imprisoned. In all other cases his or her examination must be by deposition. (2) In civil matters, the court shall notify th…
Neb. Rev. Stat. § 25-1234 Prisoner; deposition; manner of taking.
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While a prisoner's deposition is being taken he shall remain in the custody of the officer having him in charge, who shall afford reasonable facilities for the taking of the deposition.
Neb. Rev. Stat. § 25-1235 Subpoena; nonresident witness; immunity from service of summons.
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A witness shall not be liable to be sued in a county in which he does not reside, by being served with a summons in such county, while going, returning or attending in obedience to a subpoena.
Repealed. Laws 2017, LB509, § 8.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-1237 Foreign jurisdiction; civil action; subpoena for discovery in Nebraska; powers.
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(1) When authorized by rules promulgated by the Supreme Court, the clerk of the district court may issue a subpoena for discovery in Nebraska for a civil proceeding pending in a foreign jurisdiction. Such a subpoena may command a person to testify at a deposition or command a non…
Neb. Rev. Stat. § 25-1238 Subpoena; witness avoiding service; powers of officer.
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If a witness conceals himself, or in any other manner attempts to avoid being personally served with a subpoena any sheriff or constable, having the subpoena, may use all necessary and proper means to serve the same, and for that purpose may break into any building or other place…
Neb. Rev. Stat. § 25-1239 Subpoena to party; failure to attend and testify; continuance; costs.
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In addition to the above remedies, if a party to a suit in his own right on being duly subpoenaed, failed to appear and give testimony, the other party may, at his option, have a continuance of the cause as in cases of other witnesses, and at the cost of the delinquent.
Neb. Rev. Stat. § 25-1240 Testimony; how taken.
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The testimony of witnesses may be taken in four modes: (1) By affidavit; (2) by deposition; (3) by oral examination; and (4) by videotape of an examination conducted prior to the time of trial for use at trial in accordance with procedures provided by law.
Neb. Rev. Stat. § 25-1241 Affidavit, defined.
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An affidavit is a written declaration under oath, made without notice to the adverse party.
Neb. Rev. Stat. § 25-1242 Deposition, defined.
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A deposition is a written declaration under oath or a videotape taken under oath in accordance with procedures provided by law, made upon notice to the adverse party for the purpose of enabling him to attend and cross-examine, or made upon written interrogatories.
Neb. Rev. Stat. § 25-1243 Oral examination, defined.
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An oral examination is an examination in the presence of the jury or tribunal which is to decide the fact or act upon it, the testimony being heard by the jury or tribunal from the lips of the witness.
Neb. Rev. Stat. § 25-1244 Affidavit; when used.
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An affidavit may be used to verify a pleading, to prove the service of a summons, notice or other process, in an action, to obtain a provisional remedy, an examination of a witness, a stay of proceedings, or upon a motion, and in any other case permitted by law.
Neb. Rev. Stat. § 25-1245 Affidavit; before whom made; attorney at law not disqualified.
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An affidavit may be made in and out of this state before any person authorized to take depositions, and must be authenticated in the same way. An attorney at law who is attorney for a party in any proceedings in any court of this state shall not be disqualified as the person befo…
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]