§ 25-1227.Witnesses in civil cases; compulsory attendance; distance required to travel; fees and expenses allowed.
Article 12: Evidence and Witnesses · Last amended 1998 · Last verified July 22, 2026
In one sentenceThis section limits how far a Nebraska witness can be compelled to travel to testify at trial or a deposition, generally capping trial attendance at one hundred miles from home or the place served, and confining depositions to the witness’s home county or the county of service.
Full Text of § 25-1227
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(1) Witnesses in civil cases cannot be compelled to attend a trial out of the state where they are served or at a distance of more than one hundred miles from the place of their residence or from the place where they are served with a subpoena, unless within the same county. Witnesses in civil cases shall not be obliged to
attend a deposition outside the county of their residence or outside the county where the subpoena is served.
(2) A district court or county court judge, for good cause shown, may, upon deposit with the clerk of the court of sufficient money to pay the legal fees and mileage and reasonable expenses for hotel and meals of such a witness who attends at points so far removed from his or her residence as to make it reasonably necessary that such expenses be incurred, order a subpoena to issue requiring the trial attendance, but excluding a deposition appearance, of such witness from a greater distance within the state than that provided in subsection (1) of this section. Mileage shall be computed at the rate provided in section 81-1176. The subpoena shall show that it is issued under the provisions hereof. After the appearance of such witness in response to any such subpoena, the judge shall enter an order directing the payment to the witness from such deposit of such legal fees, mileage, and the actual expenses for hotel and meals incurred by such witness. If such deposit is not adequate for such purpose, the judge shall direct the party procuring the issuance of such subpoena to pay to such witness the deficiency.
(3) No other subpoena except from the district court or county court can compel a witness to attend for examination on the trial of a civil action, except in the county of his or her residence, nor to attend to give his or her deposition out of the county where he or she resides, or where he or she may be when the subpoena is served upon him or her.
A subpoena cannot drag a witness anywhere the requesting party pleases. Section 25-1227 sets outer limits on how far a witness in a civil case can be compelled to travel. Witnesses cannot be compelled to attend a trial outside the state, or more than one hundred miles from their residence or from where they were served with the subpoena, unless the trial and the witness’s residence or service location fall within the same county. For depositions, the limit is tighter: a witness need not attend outside the county of residence or outside the county where the subpoena was served.
The section carves out an exception for good cause. A district court or county court judge can order a subpoena to reach further within the state for trial attendance, though not for a deposition appearance, if a party deposits enough money with the clerk to cover the witness’s legal fees, mileage, and reasonable hotel and meal expenses. After the witness appears under such a subpoena, the judge orders payment to the witness from that deposit, and if the deposit falls short, the judge directs the party who sought the subpoena to make up the difference. Mileage under this exception is computed at the rate set in section 81-1176, and any subpoena issued under this authority has to show on its face that it was issued under this provision.
The section closes with a reinforcing rule: aside from a district or county court subpoena, no other subpoena can compel a witness to attend a civil trial outside the witness’s county of residence, nor compel attendance at a deposition outside the county where the witness resides or was served.
Frequently Asked Questions
How far can a witness be forced to travel to testify at a Nebraska civil trial?
Generally, a witness cannot be compelled to travel outside the state or more than one hundred miles from residence or the place of service, unless the trial and that location are in the same county.
Are the travel limits different for a deposition than for a trial?
Yes. A witness need not attend a deposition outside the county of residence or outside the county where the subpoena was served, a tighter limit than the trial rule.
Can a court ever require a witness to travel farther than these limits?
Yes, for trial attendance only, if a party deposits enough money with the clerk to cover the witness’s fees, mileage, and reasonable hotel and meal expenses, and a district or county court judge finds good cause and orders the broader subpoena.
Who pays a witness’s travel expenses when a court orders extended-distance attendance?
The judge directs payment from the deposit made with the clerk, and if that deposit is not enough, the judge orders the party who sought the subpoena to pay the witness the shortfall.
What mileage rate applies when a witness travels under this extended-distance exception?
The rate set in section 81-1176.
Does this section apply to witnesses served with any type of subpoena?
Aside from the extended-distance exception issued by a district or county court under this section, no other subpoena can compel trial attendance outside the witness’s county of residence or deposition attendance outside the county of residence or service.
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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