2014 Nebraska Revised Statutes
Chapter 25 - COURTS; CIVIL PROCEDURE
25-1224 - Subpoena; to whom directed; duces tecum.
25-1224. Subpoena; to whom directed; duces tecum.
The subpoena shall be directed to the person therein named, requiring him to attend at a particular time and place, to testify as a witness; and it may contain a clause directing a witness to bring with him any book, writing or other thing under his control, which he is bound by law to produce as evidence.
Source
- R.S.1867, Code § 351, p. 452;
R.S.1913, § 7916;
C.S.1922, § 8858;
C.S.1929, § 20-1224;
R.S.1943, § 25-1224.
Annotations
A DNA sample is not documentary in nature and is not discoverable under this section. State v. McKinney, 273 Neb. 346, 730 N.W.2d 74 (2007).
A subpoena duces tecum for trial imposes a duty upon the witness to bring with him sought-after matter under his control that the law requires him to produce as evidence. City of Omaha v. American Theater Corp., 189 Neb. 441, 203 N.W.2d 155 (1973).
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