Any person who has furnished information on which such report or finding is based may be cross-examined by the adverse party, but the fact that his testimony is not obtainable shall not render the report or finding inadmissible, unless the trial court finds that substantial injustice would be done to the adverse party by its admission.
§ 25-12,116.Cross-examination by adverse party.
Article 12: Evidence and Witnesses · Last amended 1951 · Last verified July 22, 2026
In one sentenceThis section gives the adverse party the right to cross-examine anyone whose information was used in a report admitted under section 25-12,115, but says that a contributor’s unavailability does not by itself keep the report out, unless the trial court finds admission would work substantial injustice.
Full Text of § 25-12,116
Source
Laws 1951, c. 57, § 2, p. 190.
Plain-English Summary
Section 25-12,116 balances the convenience section 25-12,115 offers — admitting a composite expert report without calling every contributor — against the adverse party’s interest in testing the information behind it. Any person who furnished information on which the report or finding is based may be cross-examined by the adverse party.
That right to cross-examine, however, does not turn into a right to exclude the report whenever a contributor cannot be produced. The fact that a particular contributor’s testimony is not obtainable does not make the report or finding inadmissible on its own. The exception is where the trial court finds that admitting the report without that testimony would cause substantial injustice to the adverse party — in that situation, the report can still be kept out.
Frequently Asked Questions
Can the opposing party question the people who supplied information for a composite report?
Yes. Section 25-12,116 allows the adverse party to cross-examine any person who furnished information on which the report or finding was based.
What happens if one of the contributors cannot be found or has died before trial?
The report is not automatically inadmissible just because that person’s testimony cannot be obtained, unless the trial court finds that admitting the report anyway would cause substantial injustice to the adverse party.
Who decides whether an unavailable contributor’s absence makes the report unfair to admit?
The trial court makes that finding, weighing whether admitting the report without that person’s testimony would result in substantial injustice.
Does this section require the party offering the report to produce every contributor at trial?
No. It preserves the adverse party’s right to cross-examine contributors who are available, but does not require the offering party to guarantee every contributor’s presence.
How does this section relate to section 25-12,115?
Section 25-12,115 allows admission of a composite report without calling every contributor; section 25-12,116 protects the adverse party’s ability to cross-examine those contributors and limits when their unavailability defeats admission.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: cross examination composite report nebraskaunavailable witness expert report admissibilitysubstantial injustice standard evidenceright to cross examine report contributorssection 25-12,116 explained