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§ 25-1218.Works of history, science, or art; presumptive evidence.

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

In one sentenceThis section treats historical works, science and art books, and published maps or charts made by neutral authors as presumptive evidence of well-known or general-interest facts, without requiring live testimony to authenticate them.

Full Text of § 25-1218

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Historical works, books of science or art, and published maps or charts, when made by persons indifferent between the parties, are presumptive evidence of facts of general notoriety or interest.

Source

R.S.1867, Code § 342, p. 451; R.S.1913, § 7910; C.S.1922, § 8852; C.S.1929, § 20-1218; R.S.1943, § 25-1218.

Plain-English Summary

Proving a fact of general history or common knowledge through live witnesses can be needlessly hard, since nobody alive necessarily witnessed events like a historical battle or a scientific discovery firsthand. Section 25-1218 offers a shortcut. Historical works, books of science or art, and published maps or charts, when made by persons indifferent between the parties, count as presumptive evidence of facts of general notoriety or interest.

Two conditions limit the shortcut. First, the author or publisher has to be indifferent between the parties, meaning someone without a stake in the outcome of the particular dispute, so the source is not a party-created document dressed up as independent scholarship. Second, the fact in question must be one of general notoriety or interest, not a narrow, case-specific fact that ordinary evidence rules would otherwise require a witness to establish.

The word “presumptive” matters. This evidence creates a presumption in favor of the fact stated, not an unchallengeable conclusion. A party can still contest the accuracy of what a historical work, map, or chart states; the section lets that source carry evidentiary weight on its own, without a live witness vouching for it first.

Frequently Asked Questions

Can a history book be used as evidence in a Nebraska civil case without calling a witness?

Yes, for facts of general notoriety or interest, as long as the work was made by a person indifferent between the parties. Section 25-1218 makes such works presumptive evidence of those facts.

Does this section apply to any book or map, no matter who wrote it?

No. The author or maker has to be indifferent between the parties to the case, meaning without a stake in the dispute’s outcome, for the work to qualify.

What category of facts does this section cover?

Facts of general notoriety or interest — widely known or broadly significant facts of the type that historical works, science or art books, and published maps or charts typically address.

Does “presumptive evidence” mean the fact is settled beyond dispute?

No. It creates a presumption in favor of the fact, which a party can still contest with other evidence; it is not an unchallengeable conclusion.

Would a map made specifically for this lawsuit qualify under this section?

A map or chart prepared for the litigation, by someone with a stake in the outcome, would not satisfy the requirement that the maker be indifferent between the parties.

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: historical works presumptive evidence nebraskapublished maps as evidencebooks of science as evidence civil casefacts of general notoriety proofevidence without live witness historical fact