A witness is not excused from answering a question upon the mere ground that he would be thereby subject to a civil liability.
§ 25-1209.Witnesses; answer subjecting to civil liability; not privileged.
Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section tells a witness in a Nebraska civil case that the risk of civil liability is not a valid reason to refuse to answer a question, so testimony that might expose the witness to a lawsuit still has to be given.
Full Text of § 25-1209
Source
R.S.1867, Code § 336, p. 450; R.S.1913, § 7901; C.S.1922, § 8843; C.S.1929, § 20-1209; R.S.1943, § 25-1209.
Plain-English Summary
Witnesses sometimes balk at a question because answering it might hand an opposing party ammunition for a future lawsuit against them. Section 25-1209 closes off that excuse. A witness cannot dodge a question on the mere ground that the answer might subject the witness to civil liability. The fear of getting sued later is not, by itself, a shield against testifying now.
The section draws a line that later sections in this same article sharpen further. Civil exposure does not excuse an answer, but section 25-1210 treats criminal exposure and public disgrace differently, giving the witness real protection in those narrower situations. Read together, the two sections mean a witness cannot stay silent just to avoid an awkward civil claim, but the witness keeps stronger footing when the stakes turn criminal.
In practice, lawyers taking testimony rely on this rule to press past a witness who tries to stonewall on relevance-adjacent grounds. If opposing counsel objects that an answer might expose the witness to a breach-of-contract claim or similar civil risk, that objection does not hold up under this section.
Frequently Asked Questions
Can a witness refuse to answer a question just because the answer might lead to a civil lawsuit against them?
No. Section 25-1209 states that a witness is not excused from answering merely because the answer might subject the witness to civil liability.
Does this section protect a witness from criminal exposure the same way?
No. This section addresses civil liability only. Section 25-1210 covers the separate, stronger protection against answers that would expose a witness to criminal liability or public disgrace.
Who can invoke this section in a Nebraska civil case?
Any witness testifying in the case, whether at a deposition, hearing, or trial, when facing a question the witness resists on the ground that the answer could create civil exposure.
Does this section let a party ask about anything at all?
No. It removes one specific excuse — fear of civil liability. Other evidentiary rules and privileges, unrelated to this section, can still limit what questions a witness must answer.
Where does this rule come from?
It traces back to Nebraska’s 1867 code and has carried forward through successive statute revisions to its current form at section 25-1209.
Does this section apply to written discovery as well as oral testimony?
Its text addresses a witness answering a question, the language traditionally used for testimony given under oath, whether at a deposition or in court.
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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