Every private writing, except a last will and testament, after being acknowledged or proved and certified in the manner prescribed for the proof or acknowledgment of conveyances of real property, may be read in evidence without further proof.
§ 25-1222.Private writing; when admissible without proof.
Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a private writing, other than a will, be read into evidence without further proof once it has been acknowledged or proved and certified the same way a real-property conveyance is proved for recording.
Full Text of § 25-1222
Source
R.S.1867, Code § 347, p. 452; R.S.1913, § 7914; C.S.1922, § 8856; C.S.1929, § 20-1222; R.S.1943, § 25-1222.
Plain-English Summary
Getting a private writing admitted into evidence normally takes some proof that the document is what it claims to be. Section 25-1222 creates a path around that requirement. Every private writing, except a last will and testament, may be read in evidence without further proof once it has been acknowledged or proved and certified in the manner prescribed for proving or acknowledging conveyances of real property.
The mechanism borrows a procedure Nebraska already uses elsewhere: the acknowledgment and certification process that real-property conveyances go through so they can be recorded. A private writing that has gone through that same acknowledgment or proof-and-certification process carries the same self-authenticating status, letting it come into evidence without a witness establishing its genuineness at trial.
Wills are carved out. A last will and testament does not qualify under this section, no matter how it was acknowledged or certified, reflecting the separate and more exacting formalities that govern proving a will.
Frequently Asked Questions
Can a private letter or agreement be admitted into evidence without a witness proving it is genuine?
Yes, if it has been acknowledged or proved and certified the same way a conveyance of real property is proved for recording. Section 25-1222 lets such a writing be read into evidence without further proof.
Does this section apply to wills?
No. A last will and testament is specifically excluded, so this shortcut does not apply to proving a will.
What does “acknowledged or proved and certified” mean here?
It refers to the same formal process Nebraska law uses to authenticate a real-property conveyance so it can be recorded, such as an acknowledgment before a notary or other authorized officer.
Does a private writing that has not gone through this acknowledgment process ever come into evidence?
This section addresses one path to admission without further proof. A writing lacking that acknowledgment or certification may still be admitted through other evidentiary means, such as a witness authenticating it.
How does this section relate to handwriting comparison under section 25-1220?
Section 25-1220 addresses proving authorship by comparing handwriting samples. Section 25-1222 addresses a separate path to admission, through prior acknowledgment or proof and certification, that avoids the need for authentication proof at trial altogether.
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: private writing admissible without proofacknowledged document evidence nebraskacertified writing admission trialproving a private writing genuinereal property conveyance acknowledgment writing evidence