(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.

Terms Used In Nebraska Statutes 25-1224

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(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

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