While a prisoner's deposition is being taken he shall remain in the custody of the officer having him in charge, who shall afford reasonable facilities for the taking of the deposition.
§ 25-1234.Prisoner; deposition; manner of taking.
Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section governs the mechanics of deposing a confined person, requiring the prisoner to stay in the custody of the officer holding him and requiring that officer to provide reasonable facilities for the deposition to go forward.
Full Text of § 25-1234
Source
R.S.1867, Code § 362, p. 454; R.S.1913, § 7926; C.S.1922, § 8868; C.S.1929, § 20-1234; R.S.1943, § 25-1234.
Plain-English Summary
Once a prisoner's deposition is authorized, someone still has to run it without letting the prisoner out of custody or leaving the deposition without a usable place and time to happen. This section handles both pieces. While the deposition is being taken, the prisoner remains in the custody of the officer who has charge of him — custody does not lapse just because a deposition is underway.
At the same time, the officer cannot use custody as a reason to block the deposition. The section requires the officer to afford reasonable facilities for taking it, meaning a workable setting and cooperation sufficient to let the deposition proceed. The section pairs with section 25-1233, which decides whether a prisoner is examined in person or by deposition in the first place; this section covers what happens once a deposition is the chosen path.
Frequently Asked Questions
Does a prisoner leave custody while giving a deposition?
No. The section states that while a prisoner's deposition is being taken, he remains in the custody of the officer having him in charge.
What is the custodial officer required to do to make the deposition possible?
Afford reasonable facilities for taking the deposition, meaning a workable setting and cooperation that allows the deposition to proceed.
Who decides whether a prisoner is examined by deposition rather than produced in person?
That threshold question is governed by section 25-1233. Section 25-1234 addresses only the mechanics once a deposition is the method being used.
Can the custodial officer refuse to make the prisoner available for a deposition?
The section requires the officer to afford reasonable facilities for the deposition, so an outright refusal to make reasonable accommodations would run against that requirement.
Does this section specify where the deposition must take place?
It does not name a specific location. It requires reasonable facilities for taking the deposition while the prisoner remains in the custodial officer's charge.
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: taking a prisoner deposition nebraskacustody during depositionreasonable facilities for depositiondeposing inmate procedureofficer duties prisoner deposition