Article 12: Evidence and Witnesses · Last amended 1988 · Last verified July 22, 2026
In one sentenceThis section presumes a statement an adverse party takes from an injured person within thirty days of the injury was taken under duress, a presumption rebutted as a matter of law only if the adverse person first discloses whom they represent, the right to have counsel present, and that a free copy is available.
Full Text of § 25-12,125
Text size
(1) There shall be a rebuttable presumption that any statement secured from an injured person by an adverse person at any time within thirty days after such injuries were sustained shall have been taken under duress for purposes of a trial of any action for damages for injuries sustained by such person or for the death of such person as the result of such injuries.
(2) The presumption described in subsection (1) of this section may be rebutted by evidence. The presumption shall be deemed rebutted as a matter of law if the adverse person taking the statement discloses to the injured person prior to taking the statement:
(a) Whom he or she represents;
(b) That the injured person may make the statement in the presence of counsel or any other representative; and
(c) That a copy of the statement is available at no cost to the injured person.
Source
Laws 1988, LB 191, § 2.
Plain-English Summary
An injured person approached soon after an accident by an insurance adjuster or another adverse party is at a disadvantage — hurt, possibly medicated, and unfamiliar with how a statement might later be used against them. Section 25-12,125 responds to that imbalance with a presumption favoring the injured person.
Any statement secured from an injured person by an adverse person within thirty days after the injuries were sustained is presumed, for purposes of a trial for damages arising from those injuries or from a resulting death, to have been taken under duress. That presumption is rebuttable — it can be overcome by evidence showing the statement was not, in fact, taken under duress.
The section also spells out one specific way to defeat the presumption as a matter of law, without needing to litigate the surrounding facts. If, before taking the statement, the adverse person discloses to the injured person whom they represent, that the injured person may give the statement in the presence of counsel or another representative, and that a copy of the statement will be available to the injured person at no cost, the presumption is deemed rebutted as a matter of law. Those three disclosures function as a safe harbor: an adverse party who makes them up front can take an early statement without the statement being presumptively tainted by duress.
Frequently Asked Questions
Is every statement an insurance adjuster takes from an injured person automatically thrown out?
No. Section 25-12,125 creates a presumption that a statement taken within thirty days of the injury was taken under duress, but that presumption can be rebutted by evidence, and it does not make the statement automatically inadmissible.
How long does this thirty-day presumption last after an injury?
It applies to statements secured within thirty days after the injuries were sustained.
What three things can an adverse party disclose to avoid the presumption of duress entirely?
Whom the adverse person represents, that the injured person may give the statement with counsel or another representative present, and that a copy of the statement is available to the injured person at no cost.
If the adverse party makes those three disclosures, is the presumption of duress gone for good in that case?
Yes, as a matter of law, if all three disclosures were made to the injured person before the statement was taken.
Can the presumption be overcome in ways other than the three specific disclosures?
Yes. Section 25-12,125 allows the presumption to be rebutted by evidence generally, in addition to the specific as-a-matter-of-law route created by the three disclosures.
Does this presumption apply to a statement the injured person gives to their own insurance company?
The presumption applies to a statement secured by an adverse person, so its reach depends on whether the party taking the statement has an adverse interest to the injured person under section 25-12,124’s definition.
Does this presumption apply in a wrongful death case as well as an injury case?
Yes. The section covers a trial of an action for damages for injuries sustained by the person or for the death of that person resulting from those injuries.
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:statement taken under duress presumption nebraskathirty day rule injured person statementrebuttable presumption adverse party statementdisclosures required before taking statement injurynebraska early statement injured person rule