reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1140.08 - Bill of exceptions; boards and tribunals; filing of request; further proceedings governed by rules of court.

25-1140.08.
Bill of exceptions; boards and tribunals; filing of request; further proceedings governed by rules of court.
This section shall apply to all appeals and error proceedings where specific provision is not made by law for a bill of exceptions. Any reporter approved by the officer, board, or tribunal from which the appeal or error proceeding is taken may attend and record the trial or proceedings. Upon the filing of a praecipe therefor by any party within the time allowed for filing of notice of appeal or petition in error, the reporter shall prepare a bill of exceptions. The procedure for preparation, settlement, signature, allowance, certification, filing, and amendment shall be regulated and governed by rules of practice prescribed by the Supreme Court.
Source
R.S.1867, Code § 311, p. 446;
Laws 1877, § 2, p. 11;
Laws 1881, c. 27, § 2, p. 202;
Laws 1895, c. 72, § 1, p. 311;
R.S.1913, § 7880;
C.S.1922, § 8823;
Laws 1923, c. 114, § 1, p. 273;
C.S.1929, § 20-1140;
R.S.1943, § 25-1140;
Laws 1947, c. 83, § 1(9), p. 260;
Laws 1959, c. 104, § 2, p. 431.
Annotations
1. Workers' Compensation Court
2. Public Service Commission
3. County board
4. County court
5. Miscellaneous
1. Workers' Compensation Court
A bill of exceptions on appeal from the district court in a workmen's compensation case must be prepared, served, settled and filed in accordance with this section. Gilmore v. State, 148 Neb. 10, 26 N.W.2d 296 (1947); Ratay v. Wylie, 147 Neb. 201, 22 N.W.2d 622 (1946).
2. Public Service Commission
This section does not apply to bill of exceptions on appeals from the State Railway Commission. In re Application of Moritz v. State Railway Commission, 147 Neb. 400, 23 N.W.2d 545 (1946).
3. County board
A bill of exceptions may be preserved from the county court. State v. Allen, 159 Neb. 314, 66 N.W.2d 830 (1954).
In case before county board, bill of exceptions must be authenticated by county clerk. Union P. R. R. Co. v. Colfax County, 84 Neb. 778, 122 N.W. 29 (1909).
4. County court
Procedure in county court as to bill of exceptions is same as in justice court. Sedgwick v. Durham, 45 Neb. 86, 63 N.W. 142 (1895).
In term case in county court, judge may sign bill any time during term. Osborne v. Canfield, 33 Neb. 330, 50 N.W. 167 (1891).
5. Miscellaneous
Requirement of bill of exceptions is applicable to review action of State Board of Equalization. State ex rel. U. P. R. R. Co. v. State Board of Equalization & Assessment, 81 Neb. 139, 115 N.W. 789 (1908).
Bill of exceptions should be obtained to review ruling of county board of equalization. Field v. Nebraska Tel. Co., 74 Neb. 419, 104 N.W. 932 (1905).
Referee may certify, where trial before him; judge or clerk cannot. Disbrow & Co. v. McNish, 52 Neb. 309, 72 N.W. 216 (1897).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1141 - Testimony; repetition of objections unnecessary.

25-1141.
Testimony; repetition of objections unnecessary.
Where an objection has once been made to the admission of testimony and overruled by the court it shall be unnecessary to repeat the same objection to further testimony of the same nature by the same witness in order to save the error, if any, in the ruling of the court whereby such testimony was received.
Source
Laws 1915, c. 245, § 1, p. 566;
C.S.1922, § 8824;
C.S.1929, § 20-1141;
R.S.1943, § 25-1141.
Annotations
This section does not apply to testimony given by a different witness when no objection is made to that witness' testimony. State v. Pope, 305 Neb. 912, 943 N.W.2d 294 (2020).
When a criminal defendant did not object to testimony that a witness saw him with a gun resembling the gun used in a driveby shooting, this section did not apply to preserve any error for appeal, even though the defendant had objected to similar testimony from other witnesses. State v. Castillas, 285 Neb. 174, 826 N.W.2d 255 (2013).
Where incompetent testimony is admitted, failure to object to substantially same incompetent testimony by another witness waives the error in admission of testimony of first witness. Shamburg v. Folkers, 187 Neb. 169, 188 N.W.2d 723 (1971).
Section has no application to testimony of same nature by other witnesses. Rakes v. State, 158 Neb. 55, 62 N.W.2d 273 (1954).
Where former objection was made and overruled it was unnecessary to repeat the same objection to the later testimony of the same nature by the same witness in order to save error, if any. In re House's Estate, 145 Neb. 866, 18 N.W.2d 500 (1945); Triplett v. Western Public Service Co., 129 Neb. 799, 263 N.W. 229 (1935).
If the question relates to the same identical transaction or conversation, and calls for testimony of the same nature, it is not necessary that the objection be repeated to save the error in the appellate court. In re Vanicek's Estate, 145 Neb. 531, 17 N.W.2d 477 (1945).
Objection to question as incompetent having been overruled, it is not necessary to repeat objection to other questions relating to the same subject. Zediker v. State, 114 Neb. 292, 207 N.W. 168 (1926); Daggett v. State, 114 Neb. 238, 206 N.W. 735 (1925).
This section applies to objections made to the testimony of the same nature by the same witness and therefore does not apply to objections made to a demonstrative exhibit and/or statements made by the prosecutor during closing arguments. State v. Howard, 26 Neb. App. 628, 921 N.W.2d 869 (2018).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1144.01 - New trial; motion; when filed; filing before entry of judgment; treatment.

25-1144.01.
New trial; motion; when filed; filing before entry of judgment; treatment.
A motion for a new trial shall be filed no later than ten days after the entry of the judgment. A motion for a new trial filed after the announcement of a verdict or decision but before the entry of judgment shall be treated as filed after the entry of judgment and on the day thereof.
Source
Laws 2000, LB 921, § 6;
Laws 2004, LB 1207, § 3.
Annotations
A motion for new trial filed after the court announced the jury verdict but before the entry of judgment is treated as filed after the entry of judgment and on the day thereof and is an effective terminating motion. Lindsay Internat. Sales & Serv. v. Wegener, 297 Neb. 788, 901 N.W.2d 278 (2017).
The trial court's unsigned journal entry that was sent to both parties was the court's announcement of its decision, and thus, the defendant's motion for new trial, which was filed after the court sent the unsigned journal entry to the parties but before the court entered the marital dissolution decree, was effective under this section. Despain v. Despain, 290 Neb. 32, 858 N.W.2d 566 (2015).
A motion for new trial must be filed within 10 days after an entry of judgment, which occurs when the clerk of the court places the file stamp and date upon the judgment, decree, or final order. Macke v. Pierce, 263 Neb. 868, 643 N.W.2d 673 (2002).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1146 - Damages.

25-1146.
Damages.
Whenever damages are recoverable, the plaintiff may claim and recover any rate of damages to which he may be entitled for the cause of action established.
Source
R.S.1867, Code § 319, p. 448;
R.S.1913, § 7887;
C.S.1922, § 8829;
C.S.1929, § 20-1146;
R.S.1943, § 25-1146.
Annotations
Public perceptions of a defect when the evidence demonstrates there is none is an improper basis for recovery. de Vries v. L & L Custom Builders, 310 Neb. 543, 968 N.W.2d 64 (2021).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1147 - Actions; when triable.

25-1147.
Actions; when triable.
Actions shall be triable at the first term of the court after the issues therein, by the times fixed for pleading, are or should have been made up; and when by the times fixed for pleading, the issues are or should have been made up during a term, such action shall be triable at that term. When the issues are or should have been made up, either before or during a term of court, but after the period for preparing the trial docket of such term, the clerk shall place such actions on the trial docket of that term.
Source
G.S.1873, c. 57, § 9, p. 713;
R.S.1913, § 7888;
C.S.1922, § 8830;
C.S.1929, § 20-1147;
R.S.1943, § 25-1147.
Annotations
Failure to put case on docket does not entitle party to vacate judgment where he is not prejudiced. Shelby v. St. James Orphan Asylum, 66 Neb. 40, 92 N.W. 155 (1902).
Court may pass case or set for trial on future day of term. Connell v. Chambers, 22 Neb. 302, 34 N.W. 636 (1887).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1149 - Issues; order in which tried; time of hearing.

25-1149.
Issues; order in which tried; time of hearing.
The trial of an issue of fact and the assessment of damages in any case shall be in the order in which they are placed on the trial docket, unless by consent of parties or the order of the court they are continued, placed at the heel of the trial docket, or temporarily postponed. The time of hearing all other cases shall be in the order in which they are placed on the trial docket, unless the court shall otherwise direct. The court may in its discretion hear at any time a motion, may by rule prescribe the time for hearing motions, and may provide for dismissing actions without prejudice for want of prosecution.
Source
R.S.1867, Code § 324, p. 448;
Laws 1887, c. 94, § 2, p. 648;
Laws 1899, c. 83, § 2, p. 339;
R.S.1913, § 7890;
C.S.1922, § 8832;
C.S.1929, § 20-1149;
R.S.1943, § 25-1149;
Laws 2018, LB193, § 16.
Annotations
The district court abused its discretion in dismissing, without explanation, an inmate’s complaint for lack of prosecution when the court identified two ways of avoiding dismissal and the inmate timely performed one of the specified actions. Jones v. Jones, 284 Neb. 361, 821 N.W.2d 211 (2012).
A district court has discretionary power to dismiss a case without prejudice for want of prosecution. Such a dismissal is also within the inherent power of the court. Talkington v. Womens Servs., P.C., 256 Neb. 2, 588 N.W.2d 790 (1999).
Even where statute of limitations would bar filing of a new action, district court may dismiss a case for want of prosecution where facts indicate unreasonable delay with no justifiable excuse. Schaeffer v. Hunter, 200 Neb. 221, 263 N.W.2d 102 (1978).
A court may under court rule dismiss cases for lack of progress after a specified time interval. Fanning v. Richards, 193 Neb. 431, 227 N.W.2d 595 (1975).
Court has power to dismiss for want of prosecution. Brown v. Lincoln, 157 Neb. 840, 61 N.W.2d 836 (1954).
Causes are to be tried in the district court in the order in which they are entered upon the trial docket, unless court otherwise directs. Osgood v. Grant, 44 Neb. 350, 62 N.W. 894 (1895).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1154 - Legislative purpose and findings.

25-1154.
Legislative purpose and findings.
The purpose of sections 25-1154 to 25-1157 is to provide an alternate dispute resolution technique, to be known as the summary jury trial, for use by the parties to civil court actions. The Legislature finds that the procedures set forth in such sections will save valuable court and juror resources, promote prompt resolution of disputes, and increase settlement of disputed actions prior to a jury trial. The Legislature declares that courts should liberally construe such sections and employ summary jury trials in appropriate civil actions to effectuate the purposes and findings set forth in this section.
Source
Laws 1987, LB 225, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1155 - Motion; when granted; contents.

25-1155.
Motion; when granted; contents.
In any civil action, the district court may grant a summary jury trial upon the written motion of all parties or their oral motion in court entered upon the record. The motion for summary jury trial may contain a stipulation of the parties concerning the use or effect of the summary jury verdict.
Source
Laws 1987, LB 225, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1156 - Trial; how conducted.

25-1156.
Trial; how conducted.
Summary jury trials shall be conducted in the same manner as any other trial by jury under Chapter 25, article 11, with the following exceptions:
(1) A six-person jury shall be selected from persons whose names appear on the jury list and who qualify as jurors. Examination of the prospective jurors shall be conducted by the judge who shall select the jury subject to each party's right to challenge two jurors;
(2) Each party shall have an equal amount of time to present his or her case as shall be agreed upon by the parties and the judge;
(3) The judge need not preside during the presentation of the case but may give the jury written or oral instructions on the applicable law following the presentation;
(4) The parties shall not present evidence but may present representations or summaries of evidence which would be adduced and admissible at trial. At least ten days prior to trial the parties shall exchange the representations or summaries of evidence which will be presented to the jury. All objections to the evidence shall be made prior to the summary jury trial and shall not be allowed during the trial;
(5) The parties shall attend the summary jury trial. The president, chief executive officer, or any other representative with authority to enter into a binding agreement or make a binding settlement offer from each corporation or association which is a party shall attend; and
(6) The jury may return either a consensus verdict or a special verdict consisting of an anonymous statement of each juror's findings which includes (a) the parties' respective liability, (b) the value of damages, and (c) a general verdict.
Source
Laws 1987, LB 225, § 3.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1157 - Trial; use of verdict; records; not required.

25-1157.
Trial; use of verdict; records; not required.
Summary jury trials shall not result in a final determination on the merits and shall not be appealable. Neither the fact of the holding of a summary jury trial nor the jurors' verdict nor the presentations by the parties shall be admissible as evidence in any subsequent trial of the action except any documents otherwise admissible under the rules of evidence. No record shall be required of the jury selection, the presentation of the parties, or the instructions by the court of the summary jury trial.
Source
Laws 1987, LB 225, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1209 - Witnesses; answer subjecting to civil liability; not privileged.

25-1209.
Witnesses; answer subjecting to civil liability; not privileged.
A witness is not excused from answering a question upon the mere ground that he would be thereby subject to a civil liability.
Source
R.S.1867, Code § 336, p. 450;
R.S.1913, § 7901;
C.S.1922, § 8843;
C.S.1929, § 20-1209;
R.S.1943, § 25-1209.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1210 - Witnesses; answer subjecting to criminal liability; disgracing answer; privilege.

25-1210.
Witnesses; answer subjecting to criminal liability; disgracing answer; privilege.
When the matter sought to be elicited would tend to render the witness criminally liable or to expose him or her to public ignominy, the witness is not compelled to answer, except as provided in section 27-609.
Source
R.S.1867, Code § 337, p. 450;
R.S.1913, § 7902;
C.S.1922, § 8844;
C.S.1929, § 20-1210;
R.S.1943, § 25-1210;
Laws 2003, LB 19, § 2.
Cross References
For privilege of immunity in proceeding for discovery of property, see section 25-1567.
Annotations
The public ignominy privilege provided in this section cannot be asserted by a witness in a criminal case. State v. Riensche, 283 Neb. 820, 812 N.W.2d 293 (2012).
In dissolution action, trial court's ruling allowing wife to invoke the privilege against self-incrimination was supported by this section. Ritchey v. Ritchey, 208 Neb. 100, 302 N.W.2d 372 (1981).
In determining whether the testimony of a witness who had pleaded guilty to a similar charge but had not been sentenced, who invoked the privilege of self-incrimination during cross-examination may be used against the defendant, a distinction must be drawn between cases in which the assertion of the privilege merely precludes inquiry into collateral matters which bear only on the creditability of the witness and those cases in which the assertion of the privilege prevents inquiry into matters about which the witness testified on direct examination. State v. Bittner, 188 Neb. 298, 196 N.W.2d 186 (1972).
Privilege of refusing to answer may be asserted at time witness is confronted with question or interrogatory. State ex rel. Beck v. Lush, 168 Neb. 367, 95 N.W.2d 695 (1959).
Privilege of witness to refuse to answer on ground answer may tend to incriminate him or expose him to public ignominy must be timely made or it will be deemed to have been waived. State ex rel. Wright v. Barlow, 132 Neb. 166, 271 N.W. 282 (1937).
Questions tending to incriminate or expose witness to public ignominy were improper. Pricer v. Lincoln Gas & Elec. Co., 111 Neb. 209, 196 N.W. 150 (1923).
If witness testified to part, he waives privilege as to whole transaction. Lombard v. Mayberry, 24 Neb. 674, 40 N.W. 271 (1888).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1211 - Witnesses; credibility; impeachment.

25-1211.
Witnesses; credibility; impeachment.
Facts which have heretofore caused the exclusion of testimony, may still be shown for the purpose of lessening its credibility.
Source
R.S.1867, Code § 330, p. 450;
R.S.1913, § 7903;
C.S.1922, § 8845;
C.S.1929, § 20-1211;
R.S.1943, § 25-1211.
Annotations
State was permitted on cross-examination to interrogate accused as to his prior criminal record. O'Connor v. State, 123 Neb. 471, 243 N.W. 650 (1932).
Evidence of writings made during trial as a basis of comparison for determination of disputed documents was properly admitted. In re Estate of Husa, 121 Neb. 67, 236 N.W. 177 (1931).
Record of conviction may be received to lessen credibility of witness, but such record is not conclusive. Reed v. State, 66 Neb. 184, 92 N.W. 321 (1902).
Previous inconsistent statements of witness may be shown, where proper foundation therefor has been laid. Omaha Loan & Trust Co. v. Douglas County, 62 Neb. 1, 86 N.W. 936 (1901); Tatum v. State, 61 Neb. 229, 85 N.W. 40 (1901).
Evidence of reputation of witness should be confined to reputation at place of residence. Faulkner v. Gilbert, 61 Neb. 602, 85 N.W. 843 (1901).
The record of conviction of an offense below the grade of a felony is not admissible to affect the credibility of a witness. YMCA of Lincoln v. Rawlings, 60 Neb. 377, 83 N.W. 175 (1900).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1213 - Notarial protest as evidence of dishonor; bill of exchange or promissory note.

25-1213.
Notarial protest as evidence of dishonor; bill of exchange or promissory note.
The usual protest by a notary public, without proof of his signature or notarial seal, is evidence of the dishonor and notice of a bill of exchange or promissory note.
Source
R.S.1867, Code § 349, p. 452;
R.S.1913, § 7905;
C.S.1922, § 8847;
C.S.1929, § 20-1213;
R.S.1943, § 25-1213.
Annotations
Certificate of notary is evidence of notice as well as protest. Williams v. Parks, 63 Neb. 747, 89 N.W. 395 (1902).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1216 - Evidence; instrument; written and printed matter; writing controls.

25-1216.
Evidence; instrument; written and printed matter; writing controls.
When an instrument consists partly of written and partly of printed form, the former controls the latter, where the two are inconsistent.
Source
R.S.1867, Code § 340, p. 451;
R.S.1913, § 7908;
C.S.1922, § 8850;
C.S.1929, § 20-1216;
R.S.1943, § 25-1216.
Cross References
Commercial paper, see section 3-114, Uniform Commercial Code.
Annotations
In a typed contract, writing subsequent to the typing controls where there is a conflict between the typed and written provisions thereof. Spencer-O'Neill House, Inc. v. Denbeck, 196 Neb. 456, 243 N.W.2d 767 (1976).
Typewriting controls printed form where two are inconsistent. Jacobsen v. Farnham, 155 Neb. 776, 53 N.W.2d 917 (1952).
Typewriting is writing within the contemplation of the statute. Mack Investment Co. v. Dominy, 140 Neb. 709, 1 N.W.2d 295 (1941); New Masonic Temple Assn. v. Globe Indemnity Co., 134 Neb. 731, 279 N.W. 475 (1938).
Sewer contractor could recover for sheeting lumber left in trench by city engineer's order, where payment was provided for in specifications, though contract provided no extras would be allowed for sheeting left in trench. Petersen v. City of Omaha, 120 Neb. 219, 231 N.W. 763 (1930).
Where first paragraph of conditions of builder's bond is in typewriting complete within itself, and inconsistent provisions are in fine print as part of blank form evidently not intended to be used, typewritten part controls. American Surety Co. v. School Dist. No. 64 of Douglas Co., 117 Neb. 6, 219 N.W. 583 (1928).
Where printed part of land contract says "good title of record," but typewritten part says "title satisfactory to attorney" of purchaser, latter prevails. Flower v. Coe, 111 Neb. 296, 196 N.W. 139 (1923).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1218 - Works of history, science, or art; presumptive evidence.

25-1218.
Works of history, science, or art; presumptive evidence.
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.
Source
R.S.1867, Code § 342, p. 451;
R.S.1913, § 7910;
C.S.1922, § 8852;
C.S.1929, § 20-1218;
R.S.1943, § 25-1218.
Annotations
Text books on surgery are not competent evidence except as to matters of general notoriety or interest. Van Skike v. Potter, 53 Neb. 28, 73 N.W. 295 (1897).
Books of science or art are competent evidence when shown to be reputable or standard works. Sioux City & Pacific R. R. Co. v. Finlayson, 16 Neb. 578, 20 N.W. 860 (1884).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1220 - Handwriting; proof by comparison; experts; jury.

25-1220.
Handwriting; proof by comparison; experts; jury.
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.
Source
R.S.1867, Code § 344, p. 451;
R.S.1913, § 7912;
C.S.1922, § 8854;
C.S.1929, § 20-1220;
R.S.1943, § 25-1220.
Annotations
1. Comparison
2. Miscellaneous
1. Comparison
This section permits comparisons between known genuine writing and the disputed writing to be made by a jury either with or without the aid of experts. Aetna Cas. & Surety Co. v. Nielsen, 222 Neb. 92, 382 N.W.2d 328 (1986).
In case tried to judge, handwriting may be compared by him with genuine writing of the same person. First Nat. Bank & Trust Co. v. Cutright, 189 Neb. 805, 205 N.W.2d 542 (1973).
Court may admit writings made during progress of trial as a basis for comparison. In re Estate of Husa, 121 Neb. 67, 236 N.W. 177 (1931).
Expert testimony of handwriting based wholly on comparison of hands is in nature of circumstantial evidence. Wakeley v. State, 118 Neb. 346, 225 N.W. 42 (1929).
Instrument and signature introduced in evidence was sufficient basis for comparison with signature in question. Harrington v. Vogle, 103 Neb. 677, 173 N.W. 699 (1919).
Where execution of contract was denied, introduction of genuine signatures of deceased in evidence for comparison raised question of fact for jury. Wells v. Cochran, 78 Neb. 612, 111 N.W. 381 (1907).
Proved genuine writings should be admitted in evidence for the purpose of permitting the jury as well as experts to make the necessary comparison. First Nat. Bank of Madison v. Carson, 48 Neb. 763, 67 N.W. 779 (1896).
Comparison may be made by experts or by jury. Grand Island Banking Co. v. Shoemaker, 31 Neb. 124, 47 N.W. 696 (1891).
Only genuine signature admitted or proven can be submitted to jury for comparison with disputed writings. Link v. Reeves, 3 Neb. Unof. 383, 91 N.W. 506 (1902).
2. Miscellaneous
Opinion of handwriting experts on issue of forgery in civil action may be used to contradict testimony of witnesses who saw note executed, and may be sufficient to overturn same. Bank of Commerce of Louisville v. McCarty, 119 Neb. 795, 231 N.W. 34 (1930).
Refusal to permit cross-examination of expert on handwriting was not prejudicial. Schreiner v. Shanahan, 105 Neb. 525, 181 N.W. 536 (1921).
One familiar with handwriting of party denying alleged signature is competent to give opinion. First Nat. Bank of Omaha v. Lierman, 5 Neb. 247 (1876).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1222 - Private writing; when admissible without proof.

25-1222.
Private writing; when admissible without proof.
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.
Source
R.S.1867, Code § 347, p. 452;
R.S.1913, § 7914;
C.S.1922, § 8856;
C.S.1929, § 20-1222;
R.S.1943, § 25-1222.
Annotations
Letter in answer, if self explanatory, is admissible by itself. New Hampshire Trust Co. v. Korsmeyer Plumbing & Heating Co., 57 Neb. 784, 78 N.W. 303 (1899).
Memorandum made contemporaneously with the facts therein noted, when supplemented by oath of party who made it, is admissible as independent evidence. Imhoff v. Richards, 48 Neb. 590, 67 N.W. 483 (1896).
Proof of preexistence and search for written evidence is essential to admission of secondary evidence. Samuelson v. Gale Mfg. Co., 1 Neb. Unof. 815, 95 N.W. 809 (1901).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 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.

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.
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 insurance policy, or other voluntary payments made because of an injury, death claim, property loss, or potential claim against any insured or other person, firm, trust, or corporation thereunder shall be construed as an admission of liability by the insured or other person, firm, trust, or corporation, or the payer's recognition of such liability, with respect to such injured or deceased person or with respect to any other claim arising from the same accident or event. Any such payments shall constitute a credit and be deductible from any final settlement made or judgment rendered with respect to such injured or deceased person. In the event of a trial involving such a claim, the fact that such payments have been made shall not be admissible in evidence or brought to the attention of the jury, and the matter of any credit to be deducted from a judgment shall be determined by the court in a separate hearing or upon the stipulation of the parties.
Source
Laws 1967, c. 145, § 1, p. 442;
Laws 1975, LB 560, § 1.
Annotations
Under this section, a party is entitled to a credit on any judgment rendered against him or her for payments or partial payment of damages made on behalf of such party to an injured person. Maxwell v. Montey, 265 Neb. 335, 656 N.W.2d 617 (2003).
The language and the intent of this section, which provides that an insurance company is entitled to credit on any judgment rendered against an insured for any payments or partial payment of claimed damages made on behalf of such party to an injured person or on his or her behalf to others, include an assignee or subrogee of the injured person. Brockhaus v. Lambert, 259 Neb. 160, 608 N.W.2d 588 (2000).
An insurance company is entitled to credit on a judgment against its insured for payments of claimed damages made on behalf of the injured party to the assignee or subrogee of the injured party. Beeder v. Fleer, 211 Neb. 294, 318 N.W.2d 708 (1982).
Unless the context otherwise requires, an advance payment by an insurer pursuant to a medical payments coverage provision in its insured's automobile liability policy should be applied as a credit to damages awarded against the insured. Murrish v. Burkey, 1 Neb. App. 650, 510 N.W.2d 366 (1993).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1224 - Subpoena; to whom directed; production of documents, information, or tangible things; Supreme Court; powers.

25-1224.
Subpoena; to whom directed; production of documents, information, or tangible things; Supreme Court; powers.
(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 tangible things in the person's possession, custody, or control. The scope of a command to produce documents, electronically stored information, or tangible things pursuant to this section is governed by the rules of discovery in civil cases.
(2) The Supreme Court may promulgate a rule for discovery in civil cases that specifies the procedures to be followed when a party seeks to serve a deposition subpoena that commands the person to produce designated documents, electronically stored information, or tangible things in the person's possession, custody, or control. Any such rule shall not conflict with the laws governing such matters.
Source
R.S.1867, Code § 351, p. 452;
R.S.1913, § 7916;
C.S.1922, § 8858;
C.S.1929, § 20-1224;
R.S.1943, § 25-1224;
Laws 2017, LB509, § 2;
Laws 2020, LB912, § 13.
Annotations
A DNA sample is not documentary in nature and is not discoverable under this section. State v. McKinney, 273 Neb. 346, 730 N.W.2d 74 (2007).
A subpoena duces tecum for trial imposes a duty upon the witness to bring with him sought-after matter under his control that the law requires him to produce as evidence. City of Omaha v. American Theater Corp., 189 Neb. 441, 203 N.W.2d 155 (1973).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.