Nothing in sections 25-12,124 to 25-12,126 shall be construed to supersede, abrogate, or limit any common-law remedies available to any injured person who has given a statement.
§ 25-12,126.Sections, how construed.
Article 12: Evidence and Witnesses · Last amended 1988 · Last verified July 22, 2026
In one sentenceThis section preserves any common-law remedy an injured person already had, making clear that nothing in the statement-and-duress sections is meant to replace, cut back, or limit those remedies for someone who has given a statement.
Full Text of § 25-12,126
Source
Laws 1988, LB 191, § 3.
Plain-English Summary
Section 25-12,126 closes out the statement-and-duress sections with a savings clause. It states that nothing in sections 25-12,124 through 25-12,126 is to be construed to supersede, abrogate, or limit any common-law remedies available to an injured person who has given a statement.
The clause works as a floor, not a ceiling. Sections 25-12,124 and 25-12,125 give an injured person a statutory presumption to lean on when an adverse party takes an early statement, but that statutory protection does not replace whatever remedies the common law already provided in that situation. An injured person who has given a statement keeps access to those common-law avenues alongside the statutory presumption, rather than being limited to the statute as the sole source of protection.
Frequently Asked Questions
Does the statutory presumption in section 25-12,125 replace any common-law claim an injured person might have over how their statement was taken?
No. Section 25-12,126 states that nothing in sections 25-12,124 through 25-12,126 supersedes, abrogates, or limits common-law remedies available to an injured person who gave a statement.
Why include a savings clause like this at the end of the statement sections?
It confirms that the Legislature intended the statutory presumption to add a protection, not to displace whatever remedies already existed for an injured person under the common law.
Does this section create any new remedy on its own?
No. It preserves existing common-law remedies rather than creating a new one; the substantive presumption appears in section 25-12,125.
Who benefits from this savings clause?
An injured person who has given a statement to an adverse party, since it keeps their common-law options available in addition to the statutory presumption addressed in section 25-12,125.
Which sections does this savings clause apply to?
Sections 25-12,124 through 25-12,126, the group of sections defining “statement” and addressing the duress presumption for early statements from injured persons.
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
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