§ 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
Full Text of § 25-1224
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.