Nebraska Statutes 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.
Terms Used In Nebraska Statutes 25-1226
- 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.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.