When a witness fails to attend in obedience to a subpoena, except in case of a demand and failure to pay his or her fee, the court or officer before whom his or her attendance is required may issue an attachment to the sheriff or coroner of the county commanding him or her to arrest and bring the person therein named before the court or officer, at a time and place to be fixed in the attachment, to give his or her testimony and answer for the contempt. If the attachment is not for immediately bringing the witness before the court or officer, a sum may be fixed in which the witness may give an undertaking with surety for his or her appearance. Such sum shall be endorsed on the back of the attachment, and if no sum is so fixed and endorsed, it shall be one hundred dollars. If the witness is not personally served, the court may, by a rule, order him or her to show cause why attachment should not issue against him or her.
§ 25-1230.Subpoena; disobedience; attachment; undertaking; rule to show cause.
Article 12: Evidence and Witnesses · Last amended 1988 · Last verified July 22, 2026
In one sentenceThis section lets a court or officer order the sheriff or coroner to arrest and bring in a witness who failed to obey a subpoena, sets a default one-hundred-dollar undertaking when arrest is not immediate, and allows a show-cause rule where the witness was not personally served.
Full Text of § 25-1230
Source
R.S.1867, Code § 357, p. 453; R.S.1913, § 7922; C.S.1922, § 8864; C.S.1929, § 20-1230; R.S.1943, § 25-1230; Laws 1988, LB 1030, § 18.
Plain-English Summary
Section 25-1229 makes disobeying a subpoena punishable as contempt; section 25-1230 supplies the enforcement mechanism to get the witness before the court in the first place. When a witness fails to attend after being subpoenaed — except in the specific case of demanding and not receiving a witness fee — the court or officer whose order required the attendance may issue an attachment directed to the sheriff or coroner, commanding that officer to arrest the named person and bring the person before the court or officer at a specified time and place, to testify and answer for the contempt.
If the attachment does not call for bringing the witness in immediately, the court or officer can instead fix a sum for which the witness may post an undertaking with surety, guaranteeing the witness’s appearance. That sum has to be written on the back of the attachment; if none is fixed and endorsed, the sum defaults to one hundred dollars.
Where a witness was not personally served with the original subpoena, this section offers a gentler first step before jumping to arrest: the court may issue a rule ordering the witness to show cause why an attachment should not issue. That gives a witness who never received actual notice a chance to explain before facing arrest.
Frequently Asked Questions
What happens when a witness ignores a properly served subpoena in Nebraska?
The court or officer whose order required attendance may issue an attachment to the sheriff or coroner, commanding the arrest of the witness and requiring the witness to be brought before the court to testify and answer for the contempt.
Is there an exception to issuing an attachment for a nonattending witness?
Yes. This section does not apply when the witness’s failure to attend followed a demand for the witness fee that went unpaid.
Can a witness avoid immediate arrest under an attachment?
If the attachment does not require bringing the witness in immediately, the witness may give an undertaking with surety for a sum fixed on the back of the attachment, defaulting to one hundred dollars if no sum was fixed.
What if the witness never received the subpoena at all?
If the witness was not personally served, the court may first order a rule directing the witness to show cause why an attachment should not issue, rather than proceeding straight to arrest.
Who executes the attachment against a nonattending witness?
The sheriff or coroner of the county, who is commanded by the attachment to arrest and bring the named person before the court or officer.
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: attachment for witness who ignores subpoenaarrest warrant noncompliant witness nebraskaundertaking with surety witness appearancerule to show cause subpoena nebraskasheriff attachment contempt witness