Article 12: Evidence and Witnesses · Last amended 2020 · Last verified July 22, 2026
In one sentenceThis section sets the approved methods for serving a Nebraska subpoena — personal delivery or certified mail — and requires trial subpoenas to be served at least two days before the appearance date, absent a court order shortening that period for good cause.
Full Text of § 25-1226
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(1) A subpoena for a trial or deposition may be served by personal service, which is made by leaving the subpoena with the person to be served, or by certified mail service, which is made by sending the subpoena by certified mail with a return receipt requested showing to whom and where delivered and the date of delivery. Service by certified mail is made on the date of delivery shown on the signed receipt.
(2) A subpoena for a trial must be served at least two days before the day on which the person is commanded to appear and testify. A court may shorten the period for service for good cause shown. In determining whether good cause exists, a court may consider all relevant circumstances, including, but not limited to, the need for the testimony, the burden on the person, and the reason why the person was not subpoenaed earlier.
Source
R.S.1867, Code § 353, p. 452; R.S.1913, § 7918; Laws 1915, c. 148, § 2, p. 318; C.S.1922, § 8860; C.S.1929, § 20-1226; R.S.1943, § 25-1226; Laws 1953, c. 69, § 1, p. 220; Laws 1957, c. 242, § 16, p. 830; Laws 2017, LB509, § 3; Laws 2020, LB912, § 14.
Plain-English Summary
Section 25-1226 fills in how, and how soon, a subpoena has to reach the person it commands. Two methods qualify: personal service, made by leaving the subpoena with the person being served, and certified mail service, made by sending the subpoena by certified mail with a return receipt requested that shows to whom and where it was delivered and the delivery date. Service by certified mail is complete on the delivery date shown on the signed receipt, not on the date the subpoena was mailed.
Timing gets its own rule for trial subpoenas: service must happen at least two days before the day the person is commanded to appear and testify. A court can shorten that period for good cause, and the section gives courts guidance on what counts as good cause, including the need for the testimony, the burden service on short notice would place on the person, and the reason the subpoena was not issued earlier.
This section works downstream of section 25-1223’s issuance requirements and upstream of section 25-1227’s limits on how far a witness can be compelled to travel. Together, the three sections cover getting a subpoena issued, getting it served properly and on time, and defining the geographic reach of the command once served.
Frequently Asked Questions
What are the approved ways to serve a subpoena in Nebraska?
Personal service, made by leaving the subpoena with the person to be served, and certified mail service, made by sending it certified mail with a return receipt showing to whom, where, and when it was delivered.
When is service by certified mail considered complete?
On the date of delivery shown on the signed return receipt, not on the date the subpoena was mailed.
How far in advance of trial must a subpoena be served?
At least two days before the day the person is commanded to appear and testify, unless a court shortens that period for good cause shown.
What can a court consider in deciding whether to shorten the service period?
Relevant circumstances including the need for the testimony, the burden that shortened notice places on the person being served, and the reason the person was not subpoenaed earlier.
Does this two-day service requirement apply to deposition subpoenas as well as trial subpoenas?
The section’s minimum-notice requirement is stated specifically for a subpoena for a trial; deposition subpoena timing is addressed through the discovery framework and any applicable court rule.
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
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