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§ 25-1224.Subpoena; to whom directed; production of documents, information, or tangible things; Supreme Court; powers.

Article 12: Evidence and Witnesses · Last amended 2020 · Last verified July 22, 2026

In one sentenceThis section lets a trial or deposition subpoena also command the person to produce documents, electronically stored information, or tangible things, with the scope of that production governed by Nebraska’s civil discovery rules.

Full Text of § 25-1224

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(1) A subpoena commanding a person to appear and testify at a trial or deposition may command that at the same time and place specified in the subpoena for the person to appear and testify, the person must produce designated documents, electronically stored information, or tangible things in the person's possession, custody, or control. The scope of a command to produce documents, electronically stored information, or tangible things pursuant to this section is governed by the rules of discovery in civil cases.
(2) The Supreme Court may promulgate a rule for discovery in civil cases that specifies the procedures to be followed when a party seeks to serve a deposition subpoena that commands the person to produce designated documents, electronically stored information, or tangible things in the person's possession, custody, or control. Any such rule shall not conflict with the laws governing such matters.

Source

R.S.1867, Code § 351, p. 452; R.S.1913, § 7916; C.S.1922, § 8858; C.S.1929, § 20-1224; R.S.1943, § 25-1224; Laws 2017, LB509, § 2; Laws 2020, LB912, § 13.

Plain-English Summary

A subpoena often needs to do more than bring a witness to testify; it needs to bring evidence along too. Section 25-1224 authorizes that combination. A subpoena commanding a person to appear and testify at a trial or deposition may also command the person to produce, at that same time and place, designated documents, electronically stored information, or tangible things within the person’s possession, custody, or control.

Rather than setting its own independent standard for how much can be demanded, the section ties the scope of any such production command to the rules of discovery in civil cases. That linkage keeps subpoena-based document production consistent with the broader discovery framework that already governs interrogatories, requests for production, and similar tools between the parties, rather than creating a separate, potentially inconsistent standard just for subpoenas.

The section also gives the Supreme Court authority to promulgate a rule specifying the procedures for serving a deposition subpoena that includes a document-production command, as long as that rule does not conflict with governing law. That rulemaking authority lets procedural detail, such as how objections or timing work for subpoenaed document production, develop through court rule rather than statute.

Frequently Asked Questions

Can a subpoena require someone to bring documents as well as testify?

Yes. Section 25-1224 allows a trial or deposition subpoena to command the person to produce designated documents, electronically stored information, or tangible things at the same time and place as the testimony.

What determines how broad a document-production demand in a subpoena can be?

The scope is governed by the rules of discovery in civil cases, the same standard that applies to party-to-party discovery devices, rather than a separate subpoena-specific standard.

Does electronically stored information count under this section?

Yes. The section explicitly covers electronically stored information alongside documents and tangible things.

Who sets the procedures for serving a deposition subpoena that demands document production?

The Supreme Court may promulgate a rule specifying those procedures, as long as the rule does not conflict with governing law.

Is this section the source of the general party discovery rules, like interrogatories and requests for production?

No. Those party-to-party discovery mechanics are addressed elsewhere. This section addresses the separate mechanism of a subpoena directing a person, whether a party or not, to produce material alongside testimony.

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: subpoena duces tecum nebraskasubpoena document production requirementselectronically stored information subpoenascope of subpoena document demanddeposition subpoena produce documents