Nebraska Subpoena
Nebraska dictates the fee notice that must appear on a civil trial subpoena, word for word, including the line telling the witness the one-day fee should have arrived with the subpoena. Attorney review available.
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Introduction
Nebraska does something no other state does quite so bluntly: it writes the witness's money notice into the subpoena itself, in statutory language you are not free to rephrase. Neb. Rev. Stat. Section 25-1223(7) prescribes the text for an ordinary civil trial subpoena, telling the witness they are entitled to the fee from Section 33-139 for each day required in court, that mileage at the state employee rate is available if they live more than one mile from the courthouse, and then the line that drives the whole workflow: you should have received your witness fee for one day with this subpoena. Section 25-1223(5) and (6) carry separate prescribed wording for state-agency subpoenas and for public employees or privately employed security guards. The amounts are two-tier. Section 33-139 allows twenty dollars for each day actually employed in attendance before the district court, the county court or the grand jury, and eight dollars for each such day before the Small Claims Court, so the court matters before the math does. Mileage is conditional rather than automatic. Nothing is owed unless the witness resides more than one mile from the courthouse or the place where court is held, and then it runs at the rate provided in Section 81-1176 for state employees, a figure the Department of Administrative Services sets. Records demands run on a separate two-stage clock built from 14-day windows. DocDraft assembles your Nebraska subpoena from your own facts, with attorney review available before service.
Key Things to Know
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A Nebraska subpoena is a command issued at a party's request in a civil action or proceeding, under Neb. Rev. Stat. Section 25-1223, requiring a named person to appear and testify at a trial, hearing or deposition, or under Neb. Ct. R. Disc. Section 6-334(A) to produce records or allow entry onto land.
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Nebraska pays twenty dollars for each day actually employed in attendance before the district court, the county court or the grand jury, and eight dollars for each such day before the Small Claims Court (Neb. Rev. Stat. Section 33-139).
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Mileage is conditional: nothing is owed unless the witness resides more than one mile from the courthouse or the place where court is held, and then at the rate Section 81-1176 provides for state employees, which the Department of Administrative Services sets (Section 33-139).
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The fee advisory on a Nebraska civil trial subpoena is statutory text, not a drafting choice. Section 25-1223(7) sets the wording for ordinary civil cases, and subsections (5) and (6) set different wording for state-agency subpoenas and for public employees or security guards.
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A Nebraska trial subpoena must be served at least two days before the day the person is commanded to appear, and may be served personally or by certified mail with a return receipt (Neb. Rev. Stat. Sections 25-1226(1) and (2)).
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Before a Nebraska records subpoena is issued at all, written notice must reach every other party at least 14 days in advance, and any party may then serve a written objection that freezes the designated items (Neb. Ct. R. Disc. Section 6-334(A)(b) and (c)).
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A Nebraska attorney who issues a subpoena as an officer of the court must file a copy with the court on the day the subpoena is issued (Neb. Rev. Stat. Section 25-1223(2)).
Key decisions before you file
Before you file a Subpoena in Nebraska, a few decisions shape the document: which option to choose and what each one means. The Subpoena guide walks through them.
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Nebraska Requirements for Subpoena
Two-Tier Witness Fee: Twenty Dollars or Eight
Witnesses before the district court and the county court, except the Small Claims Court, and before the grand jury receive twenty dollars for each day actually employed in attendance. Witnesses before the Small Claims Court receive eight dollars for each such day (Neb. Rev. Stat. Section 33-139).
Mileage Only Beyond One Mile, at the Agency Rate
Nothing is owed for mileage unless the witness resides more than one mile from the courthouse or place where court is held. Beyond that, mileage runs at the rate Section 81-1176 provides for state employees, computed on the rate the Department of Administrative Services establishes, by the most direct route (Neb. Rev. Stat. Sections 33-139 and 81-1176).
Statutory Fee Notice Printed on the Subpoena
Neb. Rev. Stat. Section 25-1223(7) prescribes, word for word, the fee advisory an ordinary civil trial subpoena must contain, including the sentence telling the witness they should have received their one-day fee with the subpoena. Subsections (5) and (6) prescribe different wording for state-agency subpoenas and for public employees or privately employed security guards.
Attorney Must File a Copy the Same Day
The clerk or a judge of the court where the action is pending issues a trial subpoena on a party's request, and an attorney authorized to practice in that court may issue and sign one as an officer of the court. An attorney who does so must file a copy of the subpoena with the court on the day it is issued (Neb. Rev. Stat. Section 25-1223(2)).
Trial Subpoena Served at Least Two Days Out
A trial subpoena must be served at least two days before the day the person is commanded to appear and testify, and a court may shorten that for good cause shown, weighing the need for the testimony, the burden on the person and why they were not subpoenaed earlier (Neb. Rev. Stat. Section 25-1226(2)).
Fourteen Days Notice Before the Records Subpoena Issues
A party who intends to serve a non-party records subpoena must serve written notice on every other party at least 14 days before issuance, naming the recipient, the date on or after which it will issue, the time and place of inspection or entry, whether copies are an option, and a designation of the documents or property (Neb. Ct. R. Disc. Section 6-334(A)(b)).
Pre-Issuance Party Objection Freezes the Items
Before the subpoena issues, any party may serve a written objection on all the other parties on privilege, scope or oppressiveness grounds. Unless the objection is withdrawn or the court orders otherwise, the subpoena may not command production of any item or entry onto any land covered by it (Neb. Ct. R. Disc. Section 6-334(A)(c)).
Attachment, and the Unpaid-Fee Exception
Disobedience may be punished as contempt (Neb. Rev. Stat. Section 25-1229). Where a witness fails to attend, except in case of a demand and failure to pay his or her fee, the court or officer may issue an attachment to arrest and bring the person in, and if no undertaking sum is fixed and endorsed on the attachment it shall be one hundred dollars (Section 25-1230).