2014 Nebraska Revised Statutes
Chapter 25 - COURTS; CIVIL PROCEDURE
25-1240 - Testimony; how taken.
25-1240. Testimony; how taken.
The testimony of witnesses may be taken in four modes: (1) By affidavit; (2) by deposition; (3) by oral examination; and (4) by videotape of an examination conducted prior to the time of trial for use at trial in accordance with procedures provided by law.
Source
- R.S.1867, Code § 366, p. 454;
R.S.1913, § 7932;
C.S.1922, § 8874;
C.S.1929, § 20-1240;
R.S.1943, § 25-1240;
Laws 1973, LB 504, § 2.
Annotations
A document subscribed and sworn to before a person not authorized by law to administer oaths is not an affidavit and is void as such. State v. Haase, 247 Neb. 817, 530 N.W.2d 617 (1995).
"Testimony" means oral evidence. Woolworth v. Parker, 57 Neb. 417, 77 N.W. 1090 (1899); Columbia Nat. Bank v. German Nat. Bank, 56 Neb. 803, 77 N.W. 346 (1898).
The unsupported assertions of attorneys during court proceedings do not establish the facts asserted unless the other appropriate parties stipulate to such facts. Schroeder v. Barnes, 5 Neb. App. 811, 565 N.W.2d 749 (1997).
Disclaimer: These codes may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
