2017 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
“Testimony” for purposes of section 25-1116 encompasses evidence authorized as “testimony” under this section, that is, as live testimony at trial by oral examination or by some substitute for live testimony, including but not limited to, affidavit, deposition, or video recording of an examination conducted prior to the time of trial for use at trial. State v. Vandever, 287 Neb. 807, 844 N.W.2d 783 (2014).
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).
