2009 Nebraska Code
Chapter 55 MILITIA
55-428 Witness; failure to appear; procedure.

55-428. Witness; failure to appear; procedure.

(1) Any person not subject to sections 55-401 to 55-480 who:

(a) Has been duly subpoenaed to appear as a witness before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board;

(b) Has been duly paid or tendered the fees of a witness at the rates allowed to witnesses attending the district courts of the State of Nebraska and mileage at the rate provided in section 81-1176 for state employees; and

(c) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce, is guilty of a Class II misdemeanor.

(2) The Attorney General of Nebraska, upon the certification of the facts to him or her by the military court, commission, or board shall file an information against and prosecute any person violating this section.

(3) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.

Source
    Laws 1969, c. 458, § 28, p. 1566;
    Laws 1977, LB 39, § 55;
    Laws 1981, LB 204, § 97.



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