Nebraska Statutes 29-1409. Subpoenas; issuance; advisement of rights; form; effect
(1) Whenever required by the grand jury, or the prosecuting attorney, the clerk of the court in which such jury is impaneled shall issue subpoenas and other process to bring witnesses to testify before such grand jury.
Terms Used In Nebraska Statutes 29-1409
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- 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.
(2) At the option of the prosecuting attorney, a grand jury subpoena may contain an advisement of rights. If the prosecuting attorney determines that an advisement is necessary, the grand jury subpoena shall contain the following prominently displayed on the front of the subpoena:
NOTICE
(a) You have the right to retain an attorney to represent you and to advise you regarding your grand jury appearance.
(b) Anything you say to the grand jury may be used against you in a court of law.
(c) You have the right to refuse to answer questions if you feel the answers would tend to incriminate you or to implicate you in any illegal activity.
(d) If you cannot afford or obtain an attorney, you may consult with the public defender‘s office, or request the court to appoint an attorney to represent you.
(3) Any witness who is not advised of his or her rights pursuant to subsection (2) of this section shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she testifies or any evidence he or she produces, nor shall any such testimony or evidence be used as evidence in any criminal proceeding, except for perjury, against him or her in any court.
Source
- G.S.1873, c. 58, § 400, p. 815;
- R.S.1913, § 9039;
- C.S.1922, § 10063;
- C.S.1929, § 29-1409;
- R.S.1943, § 29-1409;
- Laws 1979, LB 524, § 4.