§ 25-1211.Witnesses; credibility; impeachment.
Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1211
Source
R.S.1867, Code § 330, p. 450; R.S.1913, § 7903; C.S.1922, § 8845; C.S.1929, § 20-1211; R.S.1943, § 25-1211.
Plain-English Summary
Older evidence law sometimes disqualified a witness outright — a felony conviction, an interest in the case outcome, or some other status could bar the person from testifying at all. Nebraska abandoned that approach, and section 25-1211 preserves the useful part of the old rule while dropping its harshest consequence. Facts that used to cause exclusion of testimony can still be shown, but only for the purpose of lessening the testimony’s credibility, not for keeping the witness off the stand.
That shift matters because it moves the decision from the judge, who once decided whether a witness could testify at all, to the fact finder, who now decides how much weight to give the testimony after hearing about the disqualifying fact. A prior conviction or a financial stake in the outcome, for instance, becomes fodder for cross-examination and argument about believability rather than a gatekeeping bar.
This section works alongside the criminal and civil liability provisions in sections 25-1209 and 25-1210. Those sections govern whether a witness has to answer a question at all; this section governs what a party can do with facts about the witness once testimony has been given, to argue the jury should discount it.
Frequently Asked Questions
Does a criminal record still keep someone from testifying in a Nebraska civil case?
No. Section 25-1211 provides that facts which once caused exclusion of testimony, such as a disqualifying status, can now be used only to attack the witness’s credibility rather than to bar the testimony.
What can a party do with a fact that used to disqualify a witness?
The party can show that fact to the fact finder for the purpose of lessening the credibility of the testimony, letting the jury or judge decide how much weight to give it.
Who decides how much a credibility-damaging fact should count against a witness?
The fact finder, whether judge or jury, weighs the impeaching fact along with the rest of the evidence in deciding how much to believe the witness.
Is this section about deciding whether a witness may testify at all?
No. It addresses how much weight testimony deserves after the witness has testified, not whether the witness is competent to testify in the first place.
How old is this rule?
It traces to Nebraska’s 1867 code and has kept its substance through later statute revisions to its current form at section 25-1211.