§ 25-1223.Trial subpoena; deposition subpoena; issuance; statement required; by whom served; forms.

Article 12: Evidence and Witnesses · Last amended 2020 · Last verified July 22, 2026

In one sentenceThis section governs how a Nebraska trial or deposition subpoena gets issued, who can issue one, what information it must contain, what witness-fee notice language it must carry, and who is authorized to serve it.

Full Text of § 25-1223

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(1) Upon the request of a party to a civil action or proceeding, a subpoena may be issued to command a person to testify at a trial or deposition. The term trial in reference to a subpoena includes a hearing at which testimony may be taken.

(2) The clerk or a judge of the court in which the action or proceeding is pending shall issue a trial subpoena upon the request of a party. An attorney, as an officer of the court, may issue and sign a trial subpoena on behalf of the court if the attorney is authorized to practice in the court. An attorney who issues a subpoena must file a copy of the subpoena with the court on the day the subpoena is issued.

(3) A person before whom a deposition may be taken may issue a deposition subpoena on behalf of the court in which the action or proceeding is pending. An attorney, as an officer of the court, may issue and sign a deposition subpoena on behalf of the court if the attorney is authorized to practice in the court.

(4) A subpoena shall state the name of the court from which it is issued, the title of the action, and the case number and shall command each person to whom it is directed to appear and testify at the time and place specified in the subpoena.

(5) Except as provided in subsection (6) of this section, a trial subpoena that is issued in a civil action or proceeding (a) at the request of an agency of state government or (b) pursuant to section 25-2304 shall contain the following statement: As a witness in [insert name of court], you are entitled to receive a witness fee in the amount of [insert amount from section 33-139] for each day that you are required to be in court and, if you live more than one mile from the courthouse, you are also entitled to receive mileage at the rate that state employees receive. Ask the lawyer or party who subpoenaed you or the clerk of the court for information about what you should do to receive the fees and mileage to which you are entitled.

(6) A trial subpoena in a civil action or proceeding that commands testimony by an employee of the State of Nebraska or a political subdivision thereof or a privately employed security guard, under the circumstances described in section 33-139.01, shall contain the following statement: As a witness in [insert name of court], you are entitled to be compensated for your actual and necessary expenses if you are required to travel outside of your county of residence to testify. Ask the lawyer or party who subpoenaed you or the clerk of the court for information about what you should do to receive compensation, if any, to which you are entitled.

(7) Any other trial subpoena in a civil action or proceeding shall contain the following statement: As a witness in [insert name of court], you are entitled to receive a witness fee in the amount of [insert amount from section 33-139] for each day that you are required to be in court and, if you live more than one mile from the courthouse, you are also eligible to receive mileage at the rate that state employees receive. You should have received your witness fee for one day with this subpoena. Ask the lawyer or party who subpoenaed you or the clerk of the court for information about what you should do to receive the additional fees, if any, and mileage to which you are entitled.

(8) The Supreme Court may promulgate forms for subpoenas for use in civil and criminal actions and proceedings. Any such forms shall not be in conflict with the laws governing such matters.

(9) A subpoena may be served by a sheriff or constable. It may also be served by a person who is twenty-one years of age or older and who is not a party to the action or proceeding.

End

Source

R.S.1867, Code § 350, p. 452; R.S.1913, § 7915; C.S.1922, § 8857; C.S.1929, § 20-1223; R.S.1943, § 25-1223; Laws 2017, LB509, § 1; Laws 2020, LB912, § 12.

Plain-English Summary

Section 25-1223 lays out the mechanics for starting the subpoena process. Upon a party’s request, a subpoena may be issued commanding a person to testify at a trial or deposition, and the term “trial” for this purpose includes any hearing at which testimony may be taken. The clerk or a judge issues a trial subpoena on a party’s request, and an attorney authorized to practice in the court may also issue and sign one as an officer of the court, though an attorney who does so must file a copy with the court the same day. A deposition subpoena works the same way, issued either by the person before whom the deposition will be taken or by an authorized attorney.

Every subpoena has to identify the court, the title of the action, and the case number, and must command the person to appear and testify at the specified time and place. The section also dictates specific witness-fee notice language that must appear on the subpoena, and the exact wording depends on who requested it: subpoenas issued for a state agency or under section 25-2304 use one version, subpoenas commanding certain state or political-subdivision employees or security guards use a second, and every other trial subpoena uses a third. The Supreme Court may promulgate standard forms for these subpoenas, as long as the forms do not conflict with governing law.

Finally, the section addresses who may physically serve a subpoena: a sheriff or constable, or any other person at least twenty-one years old who is not a party to the case. That flexibility matters in practice, since it means a subpoena does not have to wait on law-enforcement availability to be served.

Frequently Asked Questions

Who can issue a trial subpoena in a Nebraska civil case?

The clerk or a judge of the court where the case is pending issues a trial subpoena on a party’s request, and an attorney authorized to practice in that court may also issue and sign one as an officer of the court, filing a copy with the court that same day.

What information must a subpoena contain?

It must state the name of the court, the title of the action, and the case number, and must command the person to appear and testify at the time and place specified.

Why does the witness-fee language on a subpoena vary?

Section 25-1223 prescribes different required statements depending on who requested the subpoena — a state agency or a request under section 25-2304, certain government employees or security guards, or any other party — because the fee and mileage entitlements differ across those categories.

Who is allowed to serve a subpoena?

A sheriff or constable may serve it, and so may any other person who is at least twenty-one years old and not a party to the action or proceeding.

Does “trial” in this section include hearings other than a full trial?

Yes. The section defines “trial,” for subpoena purposes, to include any hearing at which testimony may be taken.

Can the Nebraska Supreme Court create standard subpoena forms?

Yes. The Supreme Court may promulgate forms for subpoenas used in civil and criminal proceedings, as long as those forms do not conflict with the governing law.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source

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