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§ 25-1213.Notarial protest as evidence of dishonor; bill of exchange or promissory note.

Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026

In one sentenceThis section lets a notary’s standard protest of a dishonored bill of exchange or promissory note serve as evidence of dishonor and notice, without requiring separate proof of the notary’s signature or seal.

Full Text of § 25-1213

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The usual protest by a notary public, without proof of his signature or notarial seal, is evidence of the dishonor and notice of a bill of exchange or promissory note.

Source

R.S.1867, Code § 349, p. 452; R.S.1913, § 7905; C.S.1922, § 8847; C.S.1929, § 20-1213; R.S.1943, § 25-1213.

Plain-English Summary

When a bill of exchange or promissory note goes unpaid, a notary public traditionally documents that failure through a formal protest. Section 25-1213 makes that document easier to use in court. The usual protest, without proof of the notary’s signature or notarial seal, stands as evidence of the dishonor and of notice of the dishonor.

Without this section, a party relying on a protest might otherwise have to call the notary or produce separate proof authenticating the notary’s signature and seal before the protest document could be admitted. This section removes that extra step for the usual form of protest, letting the document speak for itself on the question of dishonor and notice.

The section applies specifically to negotiable instruments — bills of exchange and promissory notes — the traditional subjects of formal notarial protest in commercial practice. Section 25-1216, dealing with written and printed instruments generally, and the Uniform Commercial Code provisions on commercial paper, sit alongside this section as related tools for proving facts about commercial documents.

Frequently Asked Questions

What does a notarial protest prove under this section?

It serves as evidence of the dishonor of a bill of exchange or promissory note, and of the notice of that dishonor, without needing separate proof.

Do I need to prove the notary’s signature or seal is genuine to use the protest?

No. Section 25-1213 states the usual protest is evidence of dishonor and notice without proof of the notary’s signature or notarial seal.

Does this section apply to any written document, or only certain instruments?

It applies to the usual protest of a bill of exchange or promissory note, the traditional subjects of formal notarial protest for dishonored commercial paper.

What is a “dishonored” bill of exchange or promissory note?

It refers to an instrument that was presented for payment or acceptance and was refused, the event a notarial protest formally documents.

Does this section replace the need for a notary altogether?

No. It still requires the usual protest by a notary public; it only removes the need for separate proof of that notary’s signature or seal once the protest exists.

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: notarial protest evidence nebraskaproof of dishonor promissory notenotice of dishonor bill of exchangenotary protest without proof of signaturecommercial paper dishonor evidence