§ 25-1233.Prisoner; examination; deposition; production order.
Article 12: Evidence and Witnesses · Last amended 1997 · Last verified July 22, 2026
In one sentenceThis section explains how to obtain testimony from a person confined in a Nebraska prison, requiring a court order for in-person production, and sets a notice, objection, and cost-shifting procedure that weighs the Department of Correctional Services' security concerns before that production happens.
Full Text of § 25-1233
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(1) A person confined in any prison in this state shall, by order of any court of record, be produced for oral examination in the county where he or she is imprisoned. In all other cases his or her examination must be by deposition.
(2) In civil matters, the court shall notify the Department of Correctional Services of any production order, in which a confined person is the subject, at least fifteen days before the required production. The court shall allow the department to present evidence relating to public safety and security concerns associated with the production of the confined person prior to the required production date. The party who moved for the production order shall be allowed to respond. Based on evidence presented, the court may rescind its production order. If the confined person is produced pursuant to court order, the party who moved for the production order shall pay to the department the actual cost of security and transportation arrangements incurred by the department related to such production.
A prisoner cannot be subpoenaed like an ordinary witness. Under this section, a court of record may order a confined person produced for oral examination in the county where he or she is imprisoned. Outside that narrow path, the confined person's testimony must be taken by deposition instead of in-person appearance.
Producing a prisoner raises security concerns an ordinary witness does not, so the section builds in a check before it happens. In civil matters, the court must notify the Department of Correctional Services of any production order at least fifteen days before the required production date. The department may then present evidence about public safety and security concerns tied to producing that particular confined person, and the party who sought the order gets a chance to respond. If the evidence persuades the court, it may rescind its own production order.
If production goes forward, the section shifts the cost of it to the party who asked for it. That party must pay the department for the actual cost of the security and transportation arrangements the production required, rather than leaving those expenses with the department or the state.
Frequently Asked Questions
Can a party subpoena a prisoner to testify in person like any other witness?
Not without a court order. A court of record must order the confined person produced for oral examination, and that examination happens in the county where the person is imprisoned. Otherwise, the prisoner's testimony must be taken by deposition.
How much advance notice does the Department of Correctional Services get before a prisoner is produced?
At least fifteen days before the required production, in civil matters, the court must notify the department of the production order.
Can the department stop a prisoner from being produced?
The department can present evidence about public safety and security concerns tied to the production, and the party who moved for the order can respond. Based on that evidence, the court may rescind the production order, though the department does not have unilateral veto power.
Who pays for transporting and securing a prisoner who is produced for testimony?
The party who moved for the production order pays the department the actual cost of the security and transportation arrangements the department incurs related to the production.
What is the alternative to producing a prisoner in person?
Taking the prisoner's deposition instead, under the manner-of-taking rules in section 25-1234.
Does this fifteen-day notice and cost-shifting procedure apply to criminal cases?
The text ties the fifteen-day notice and department-input procedure to civil matters specifically.
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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