reglab/housing_qa huggingface dataset:
NE Code § 25-1226 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1226 - Subpoena; manner of service; time.

25-1226.  Subpoena; manner of service; time.(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 and where delivered and the date of delivery. Service by certified mail is made on the date of delivery shown on the signed receipt.(2) A subpoena for a trial must be served at least two days before the day on which the person is commanded to appear and testify. A court may shorten the period for service for good cause shown. In determining whether good cause exists, a court may consider all relevant circumstances, including, but not limited to, the need for the testimony, the burden on the person, and the reason why the person was not subpoenaed earlier.Source   R.S.1867, Code § 353, p. 452;   R.S.1913, § 7918;   Laws 1915, c. 148, § 2, p. 318;   C.S.1922, § 8860;   C.S.1929, § 20-1226;   R.S.1943, § 25-1226;   Laws 1953, c. 69, § 1, p. 220;   Laws 1957, c. 242, § 16, p. 830;  Laws 2017, LB509, § 3;  Laws 2020, LB912, § 14.  Annotations This section was cited as illustrative of service of process by registered mail. Blauvelt v. Beck, 162 Neb. 576, 76 N.W.2d 738 (1956).
NE Code § 25-1227 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1227 - Witnesses in civil cases; compulsory attendance; distance required to travel; fees and expenses allowed.

25-1227.  Witnesses in civil cases; compulsory attendance; distance required to travel; fees and expenses allowed.(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. Witnesses in civil cases shall not be obliged to attend a deposition outside the county of their residence or outside the county where the subpoena is served.(2) A district court or county court judge, for good cause shown, may, upon deposit with the clerk of the court of sufficient money to pay the legal fees and mileage and reasonable expenses for hotel and meals of such a witness who attends at points so far removed from his or her residence as to make it reasonably necessary that such expenses be incurred, order a subpoena to issue requiring the trial attendance, but excluding a deposition appearance, of such witness from a greater distance within the state than that provided in subsection (1) of this section. Mileage shall be computed at the rate provided in section 81-1176. The subpoena shall show that it is issued under the provisions hereof. After the appearance of such witness in response to any such subpoena, the judge shall enter an order directing the payment to the witness from such deposit of such legal fees, mileage, and the actual expenses for hotel and meals incurred by such witness. If such deposit is not adequate for such purpose, the judge shall direct the party procuring the issuance of such subpoena to pay to such witness the deficiency.(3) No other subpoena except from the district court or county court can compel a witness to attend for examination on the trial of a civil action, except in the county of his or her residence, nor to attend to give his or her deposition out of the county where he or she resides, or where he or she may be when the subpoena is served upon him or her.Source   R.S.1867, Code § 354, p. 452;   R.S.1913, § 7919;   C.S.1922, § 8861;   C.S.1929, § 20-1227;   R.S.1943, § 25-1227;   Laws 1963, c. 142, § 1, p. 521;   Laws 1981, LB 204, § 38;   Laws 1998, LB 234, § 5. Annotations  Section is valid and constitutional. Brannan v. Chicago & N. W. Ry. Co., 118 Neb. 503, 223 N.W. 21, 225 N.W. 474 (1929). Mileage is not allowed except for distance actually and necessarily traveled. Smith v. Bartlett, 78 Neb. 359, 110 N.W. 991 (1907). This section and Neb. Ct. R. of Discovery 32(a)(3)(B) make distance and whether the witness can be reached by the court's subpoena power the conclusive test of availability, unless the proponent of the testimony arranges the unavailability. Burke v. Harman, 6 Neb. App. 309, 574 N.W.2d 156 (1998).
NE Code § 25-1228 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1228 - Trial subpoena; witness fee; return; cost.

25-1228.  Trial subpoena; witness fee; return; cost.(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 the name of the person served, the date and method of service, and, if applicable, that the required witness fee was served with the subpoena. The return of service must be by affidavit unless the subpoena was served by a sheriff or constable. If service was made by certified mail, the signed receipt must be attached to the return of service.(3) The cost of service of a subpoena is taxable as a court cost, and when service of a subpoena is made by a person other than a sheriff or constable, the cost taxable as a court cost is the lesser of the actual amount incurred for service of process or the statutory fee set for sheriffs in section 33-117.(4) Except as provided in section 25-2304, the party at whose request a trial subpoena is issued in a civil action or proceeding must pay the witness the fees and mileage to which the witness is entitled under section 33-139. Any fees and mileage that were not paid to the witness before the witness testified must be paid to the witness within a reasonable time after the witness testified.Source   R.S.1867, Code § 355, p. 453;   R.S.1913, § 7920;   C.S.1922, § 8862;   C.S.1929, § 20-1228;   R.S.1943, § 25-1228;   Laws 1976, LB 750, § 1;  Laws 2017, LB509, § 4;  Laws 2020, LB912, § 15.  Annotations  There is no provision in this section for a court to compel a postdeposition reimbursement of fees. Bedore v. Ranch Oil Co., 282 Neb. 553, 805 N.W.2d 68 (2011). Section is not applicable to criminal cases. Huckins v. State, 61 Neb. 871, 86 N.W. 485 (1901).
NE Code § 25-1229 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1229 - Subpoena; disobedience; refusal to testify or sign deposition; contempt.

25-1229.  Subpoena; disobedience; refusal to testify or sign deposition; contempt.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.Source   R.S.1867, Code § 356, p. 453;   R.S.1913, § 7921;   C.S.1922, § 8863;   C.S.1929, § 20-1229;   R.S.1943, § 25-1229. Annotations  Justice of peace before whom deposition is taken may punish as contempt refusal to be sworn or to answer questions. In re Hammond, 83 Neb. 636, 120 N.W. 203 (1909). Notary public may commit for contempt witness refusing to answer. Dogge v. State, 21 Neb. 272, 31 N.W. 929 (1887).
NE Code § 25-1230 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1230 - Subpoena; disobedience; attachment; undertaking; rule to show cause.

25-1230.  Subpoena; disobedience; attachment; undertaking; rule to show cause.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 arrest and bring the person therein named before the court or officer, at a time and place to be fixed in the attachment, to give his or her testimony and answer for the contempt. If the attachment is not for immediately bringing the witness before the court or officer, a sum may be fixed in which the witness may give an undertaking with surety for his or her appearance. Such sum shall be endorsed on the back of the attachment, and if no sum is so fixed and endorsed, it shall be one hundred dollars. If the witness is not personally served, the court may, by a rule, order him or her to show cause why attachment should not issue against him or her.Source   R.S.1867, Code § 357, p. 453;   R.S.1913, § 7922;   C.S.1922, § 8864;   C.S.1929, § 20-1230;   R.S.1943, § 25-1230;   Laws 1988, LB 1030, § 18.  Annotations  Court upon own motion, or on oral request of prosecutor, may issue attachment. Hanika v. State, 87 Neb. 845, 128 N.W. 526 (1910). Power to punish for contempt is inherent in every court having common law jurisdiction. Kregel v. Bartling, 23 Neb. 848, 37 N.W. 668 (1888).
NE Code § 25-1231 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1231 - Subpoena; disobedience; refusal to testify or sign deposition; punishment of witness for contempt.

25-1231.  Subpoena; disobedience; refusal to testify or sign deposition; punishment of witness for contempt.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. In other cases, the court or officer may fine the witness in a sum not exceeding fifty dollars nor less than five dollars, or may imprison him in the county jail, there to remain until he shall submit to be sworn, to testify or give his deposition. The fine imposed by the court shall be paid into the county treasurer, and that imposed by the officer shall be for the use of the party for whom the witness was subpoenaed. The witness shall also be liable to the party injured for any damages occasioned by his failure to attend, or his refusal to be sworn, to testify or give his deposition.Source   R.S.1867, Code § 358, p. 453;   R.S.1913, § 7923;   C.S.1922, § 8865;   C.S.1929, § 20-1231;   R.S.1943, § 25-1231. Annotations Notary, on refusal of witness to obey subpoena, may impose fine; but may not commit for contempt. In re Butler, 76 Neb. 267, 107 N.W. 572 (1906).
NE Code § 25-1232 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1232 - Subpoena; disobedience; attachment; commitment; form; to whom directed.

25-1232.  Subpoena; disobedience; attachment; commitment; form; to whom directed.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 or commitment, and if the commitment is for refusing to answer a question, such question shall be stated in the order. Such order of commitment may be directed to the sheriff or coroner of the county where such witness resides or may be at the time and shall be executed by committing him or her to the jail of such county and delivering a copy of the order to the jailer.Source   R.S.1867, Code § 360, p. 454;   R.S.1913, § 7924;   C.S.1922, § 8866;   C.S.1929, § 20-1232;   R.S.1943, § 25-1232;   Laws 1988, LB 1030, § 19.  Annotations  Record of conviction of contempt by refusal to testify must state questions asked that witness refused to answer. Tastee Inn, Inc. v. Beatrice Foods Co., Inc., 167 Neb. 264, 92 N.W.2d 664 (1958). When a witness is committed for contempt for refusing to testify, the questions asked and refused to be answered must be stated in the order of commitment. Wilcox v. State, 46 Neb. 402, 64 N.W. 1072 (1895).
NE Code § 25-1233 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1233 - Prisoner; examination; deposition; production order.

25-1233.  Prisoner; examination; deposition; production order.(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 the Department of Correctional Services of any production order, in which a confined person is the subject, at least fifteen days before the required production. The court shall allow the department to present evidence relating to public safety and security concerns associated with the production of the confined person prior to the required production date. The party who moved for the production order shall be allowed to respond. Based on evidence presented, the court may rescind its production order. If the confined person is produced pursuant to court order, the party who moved for the production order shall pay to the department the actual cost of security and transportation arrangements incurred by the department related to such production.Source   R.S.1867, Code § 361, p. 454;   R.S.1913, § 7925;   C.S.1922, § 8867;   C.S.1929, § 20-1233;   R.S.1943, § 25-1233;   Laws 1997, LB 94, § 1.  Annotations  The accused in a criminal prosecution has a right to compulsory process to compel the attendance of witnesses in his behalf; however, a criminal defendant does not possess an absolute constitutional right to demand the personal attendance of a prisoner witness incarcerated outside the county of the venue of trial. As a result, this section does not violate the compulsory process clauses of the U.S. and Nebraska Constitutions. State v. Stott, 243 Neb. 967, 503 N.W.2d 822 (1993). Deposition of a person confined in a penal institution may be taken by the defendant in a criminal action. Rains v. State, 173 Neb. 586, 114 N.W.2d 399 (1962). Question of whether inmate of penitentiary should be produced for oral examination raised but not decided. Garcia v. State, 159 Neb. 571, 68 N.W.2d 151 (1955). Section 25-1708 provides no basis for taxing to a defendant in a civil action the costs of transporting a plaintiff who is an incarcerated person and who must be transported pursuant to this section. Jacob v. Schlichtman, 16 Neb. App. 783, 753 N.W.2d 361 (2008).
NE Code § 25-1234 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1234 - Prisoner; deposition; manner of taking.

25-1234.  Prisoner; deposition; manner of taking.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.Source   R.S.1867, Code § 362, p. 454;   R.S.1913, § 7926;   C.S.1922, § 8868;   C.S.1929, § 20-1234;   R.S.1943, § 25-1234.
NE Code § 25-1235 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1235 - Subpoena; nonresident witness; immunity from service of summons.

25-1235.  Subpoena; nonresident witness; immunity from service of summons.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.Source   R.S.1867, Code § 363, p. 454;   R.S.1913, § 7927;   C.S.1922, § 8869;   C.S.1929, § 20-1235;   R.S.1943, § 25-1235. Annotations  Nonresident is privileged from service while coming to, going from, and attending trial; and has reasonable time to prepare for his return. Linton v. Cooper, 54 Neb. 438, 74 N.W. 842 (1898), judgment affirmed in 54 Neb. 443, 74 N.W. 961 (1898). Exemption is a personal privilege which may be waived. Mayer v. Nelson, 54 Neb. 434, 74 N.W. 841 (1898).
NE Code § 25-1237 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1237 - Foreign jurisdiction; civil action; subpoena for discovery in Nebraska; powers.

25-1237.  Foreign jurisdiction; civil action; subpoena for discovery in Nebraska; powers.(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 nonparty to provide discovery without a deposition.(2) The Supreme Court may promulgate rules for subpoenas under this section. The rules may specify the amount of a fee, if any, that must be paid to the clerk of the district court for the issuance of such subpoenas. Any such rules shall not conflict with laws governing such matters.Source Laws 2020, LB912, § 11.
NE Code § 25-1238 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1238 - Subpoena; witness avoiding service; powers of officer.

25-1238.  Subpoena; witness avoiding service; powers of officer.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 where the witness is to be found, having first made known his business and demanded admittance.Source   R.S.1867, Code § 397, p. 460;   R.S.1913, § 7930;   C.S.1922, § 8872;   C.S.1929, § 20-1238;   R.S.1943, § 25-1238.
NE Code § 25-1239 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1239 - Subpoena to party; failure to attend and testify; continuance; costs.

25-1239.  Subpoena to party; failure to attend and testify; continuance; costs.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.Source   R.S.1867, Code § 398, p. 460;   R.S.1913, § 7931;   C.S.1922, § 8873;   C.S.1929, § 20-1239;   R.S.1943, § 25-1239.
NE Code § 25-1240 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1240 - Testimony; how taken.

25-1240.  Testimony; how taken.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.Source   R.S.1867, Code § 366, p. 454;   R.S.1913, § 7932;   C.S.1922, § 8874;   C.S.1929, § 20-1240;   R.S.1943, § 25-1240;   Laws 1973, LB 504, § 2.  Annotations  “Testimony” for purposes of section 25-1116 encompasses evidence authorized as “testimony” under this section, that is, as live testimony at trial by oral examination or by some substitute for live testimony, including but not limited to, affidavit, deposition, or video recording of an examination conducted prior to the time of trial for use at trial. State v. Vandever, 287 Neb. 807, 844 N.W.2d 783 (2014). A document subscribed and sworn to before a person not authorized by law to administer oaths is not an affidavit and is void as such. State v. Haase, 247 Neb. 817, 530 N.W.2d 617 (1995). "Testimony" means oral evidence. Woolworth v. Parker, 57 Neb. 417, 77 N.W. 1090 (1899); Columbia Nat. Bank v. German Nat. Bank, 56 Neb. 803, 77 N.W. 346 (1898). The unsupported assertions of attorneys during court proceedings do not establish the facts asserted unless the other appropriate parties stipulate to such facts. Schroeder v. Barnes, 5 Neb. App. 811, 565 N.W.2d 749 (1997).
NE Code § 25-1241 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1241 - Affidavit, defined.

25-1241.  Affidavit, defined.An affidavit is a written declaration under oath, made without notice to the adverse party.Source   R.S.1867, Code § 367, p. 455;   R.S.1913, § 7933;   C.S.1922, § 8875;   C.S.1929, § 20-1241;   R.S.1943, § 25-1241. Annotations  An unsigned affidavit which was not offered until the day of the hearing on the summary judgment motion was properly excluded by the trial court. Medley v. Davis, 247 Neb. 611, 529 N.W.2d 58 (1995). Requirement met where affiant acknowledged to authorized official that he was affiant and then signed affidavit in official presence. State v. Howard, 184 Neb. 274, 167 N.W.2d 80 (1969). An affidavit must bear upon its face, by the certificate of the officer before whom it is taken, evidence that it was duly sworn to by the party making the same. Kennedy & Parsons Co. v. Schmidt, 152 Neb. 637, 42 N.W.2d 191 (1950). Document sworn to before an officer not authorized to administer an oath was not an affidavit. Lanning v. Haases, 89 Neb. 19, 130 N.W. 1008 (1911). Affidavit drawn by counsel, in language which is ambiguous, will be construed strongly against party in whose behalf it is offered. Nebraska Moline Plow Co. v. Fuehring, 52 Neb. 541, 72 N.W. 1003 (1897). An affidavit is a declaration in writing sworn to by a party before some person who has authority to administer oaths. Bantley v. Finney, 43 Neb. 794, 62 N.W. 213 (1895). Sworn statements in question-and-answer format, which were created by questioning an affiant under oath in a nonadversarial context and having a court reporter record the exchange, are written declarations within the purview of this section. Thorne v. Omaha Pub. Power Dist., 2 Neb. App. 437, 510 N.W.2d 575 (1994).
NE Code § 25-1242 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1242 - Deposition, defined.

25-1242.  Deposition, defined.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.Source   R.S.1867, Code § 368, p. 455;   R.S.1913, § 7934;   C.S.1922, § 8876;   C.S.1929, § 20-1242;   R.S.1943, § 25-1242;   Laws 1973, LB 504, § 3.
NE Code § 25-1243 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1243 - Oral examination, defined.

25-1243.  Oral examination, defined.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.Source   R.S.1867, Code § 369, p. 455;   R.S.1913, § 7935;   C.S.1922, § 8877;   C.S.1929, § 20-1243;   R.S.1943, § 25-1243. Annotations The unsupported assertions of attorneys during court proceedings do not establish the facts asserted unless the other appropriate parties stipulate to such facts. Schroeder v. Barnes, 5 Neb. App. 811, 565 N.W.2d 749 (1997).