When the matter sought to be elicited would tend to render the witness criminally liable or to expose him or her to public ignominy, the witness is not compelled to answer, except as provided in section 27-609.
§ 25-1210.Witnesses; answer subjecting to criminal liability; disgracing answer; privilege.
Article 12: Evidence and Witnesses · Last amended 2003 · Last verified July 22, 2026
In one sentenceThis section protects a Nebraska witness from being forced to answer a question that would expose the witness to criminal liability or public disgrace, subject to the separate immunity procedure in section 27-609.
Full Text of § 25-1210
Source
R.S.1867, Code § 337, p. 450; R.S.1913, § 7902; C.S.1922, § 8844; C.S.1929, § 20-1210; R.S.1943, § 25-1210; Laws 2003, LB 19, § 2.
Cross References
For privilege of immunity in proceeding for discovery of property, see section 25-1567.
Plain-English Summary
Where section 25-1209 refuses to excuse a witness worried about civil liability, section 25-1210 draws the opposite conclusion for higher stakes. When an answer would tend to make the witness criminally liable, or would expose the witness to public ignominy, the witness does not have to answer. That protection tracks the privilege against self-incrimination familiar from criminal proceedings, applied here to a witness testifying in a civil matter.
The protection is not unconditional. The section cross-references section 27-609, which governs how a court can compel testimony despite this privilege by granting the witness immunity from prosecution based on that testimony. A witness cannot invoke the privilege and end the inquiry for good; a court applying the immunity procedure can still require an answer once the risk of prosecution has been removed.
Public ignominy is a second, distinct ground for refusal, separate from the criminal-exposure branch. An answer that would subject the witness to public disgrace, even without any criminal angle, falls within the same protection.
Frequently Asked Questions
Can a witness refuse to answer a question that might incriminate them in a Nebraska civil case?
Yes. Section 25-1210 lets a witness decline to answer when the answer would tend to expose the witness to criminal liability, except as provided in section 27-609.
What is section 27-609 and why does it matter here?
It sets out the procedure for granting a witness immunity from prosecution so a court can compel testimony despite the privilege this section otherwise provides. Once immunity is granted under that procedure, the witness may lose the basis to refuse.
Does “public ignominy” mean the same thing as criminal exposure?
No. It is a separate ground. A witness can refuse to answer a question that would expose the witness to public disgrace even where no criminal liability is at stake.
How is this different from section 25-1209?
Section 25-1209 removes any excuse based on civil liability. Section 25-1210 does the opposite for criminal liability and public disgrace, giving the witness a real basis to refuse to answer.
Can a court ever force an answer despite this protection?
Yes, through the immunity procedure referenced in section 27-609, which can strip away the risk of prosecution that grounds the privilege.
When was this section last amended?
Laws 2003, LB 19, added the cross-reference to section 27-609, tying this privilege to the immunity procedure enacted at that time.
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: witness privilege against self incrimination civil caserefuse to answer criminal exposurepublic ignominy privilege nebraskaimmunity from prosecution witness testimonysection 27-609 witness privilege