Disobedience of a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe a deposition, when lawfully ordered, may be punished as a contempt of the court or officer by whom his attendance or testimony is required.
§ 25-1229.Subpoena; disobedience; refusal to testify or sign deposition; contempt.
Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section makes it a punishable contempt for a witness to disobey a lawfully issued subpoena, refuse to be sworn, refuse to answer as a witness, or refuse to sign a deposition.
Full Text of § 25-1229
Source
R.S.1867, Code § 356, p. 453; R.S.1913, § 7921; C.S.1922, § 8863; C.S.1929, § 20-1229; R.S.1943, § 25-1229.
Plain-English Summary
A subpoena carries no force if a witness can ignore it without consequence. Section 25-1229 supplies that force by declaring specific acts of witness noncompliance punishable as contempt. Disobedience of a subpoena, a refusal to be sworn, a refusal to answer as a witness, or a refusal to subscribe a deposition — when lawfully ordered — may be punished as contempt of the court or officer whose lawful order required the witness’s attendance or testimony.
The section names four distinct failures, and any one of them triggers the contempt exposure: not showing up despite a subpoena, refusing the oath, refusing to answer questions once sworn, and refusing to sign a completed deposition transcript. Each represents a different point where a witness could try to derail the testimony process, and this section closes off all four.
Sections 25-1230 and 25-1231 pick up where this section leaves off, spelling out the mechanics of the attachment process used to bring a noncompliant witness before the court and the specific fines or imprisonment that can follow a contempt finding under this section.
Frequently Asked Questions
What witness conduct counts as contempt under this section?
Four things: disobeying a subpoena, refusing to be sworn, refusing to answer as a witness, and refusing to subscribe a deposition, each when lawfully ordered.
Who can punish a witness for this form of contempt?
The court or officer before whom the witness’s attendance or testimony was lawfully required.
Does refusing to sign a deposition transcript carry the same consequence as refusing to attend at all?
Yes. Section 25-1229 treats a refusal to subscribe a deposition the same as disobeying a subpoena, refusing the oath, or refusing to answer, all as punishable contempt.
What happens to a witness found in contempt under this section?
Does this section apply only when a subpoena was properly issued and served?
The section conditions contempt on conduct occurring “when lawfully ordered,” tying the consequence to a properly issued and served command rather than to any informal request for attendance or 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: contempt for disobeying subpoena nebraskarefusal to testify contemptrefusing to sign deposition consequencewitness disobedience penalty nebraskapunishment for ignoring a subpoena