Nebraska Revised Statute 25-1226

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Chapter 25

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

  • A trial court's determination regarding the period for service of a subpoena for a trial under subsection (2) of this section will be upheld on appeal in the absence of an abuse of discretion. State v. Dat, 318 Neb. 311, 15 N.W.3d 410 (2025).

  • "Good cause," for purposes of subsection (2) of this section, refers to 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. State v. Dat, 318 Neb. 311, 15 N.W.3d 410 (2025).

  • Subsection (2) of this section requires a subpoena for a trial to be served at least 2 days before the person is ordered to appear and testify, unless a party shows good cause to shorten the period for service. State v. Dat, 318 Neb. 311, 15 N.W.3d 410 (2025).

  • 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).