A witness shall not be liable to be sued in a county in which he does not reside, by being served with a summons in such county, while going, returning or attending in obedience to a subpoena.
§ 25-1235.Subpoena; nonresident witness; immunity from service of summons.
Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section protects an out-of-county witness from being served with a lawsuit summons in the county where the witness has come to comply with a subpoena, covering the witness while traveling to, attending, and returning from that appearance.
Full Text of § 25-1235
Source
R.S.1867, Code § 363, p. 454; R.S.1913, § 7927; C.S.1922, § 8869; C.S.1929, § 20-1235; R.S.1943, § 25-1235.
Plain-English Summary
Answering a subpoena already asks something of a witness who does not live in the county where a case is pending. This section makes sure compliance does not carry a hidden cost: a witness cannot be sued in a county he does not reside in merely by being served with a summons there while going to, attending, or returning from an appearance made in obedience to a subpoena.
The protection covers the whole trip, not just the moment of testimony. It reaches the witness while traveling to the county, while there for the subpoenaed appearance, and while heading home afterward. Without it, a witness who leaves familiar ground to comply with a subpoena could be ambushed with an unrelated summons the moment he arrives, only because he is now physically present in that county.
Frequently Asked Questions
Can a nonresident witness be served with a summons for a new lawsuit while in town to testify?
Not in the county where the witness does not reside, if the witness is there in obedience to a subpoena. The section makes such a witness immune from being sued through service of summons in that county under those circumstances.
Does the immunity cover the witness's trip to and from the courthouse, or only the time in court?
It covers the full trip: going to the county, attending there, and returning, all while acting in obedience to the subpoena.
What is the purpose of this immunity?
It removes a disincentive to comply with subpoenas. A witness should not have to weigh whether showing up to testify will expose him to being served with an unrelated lawsuit in an unfamiliar county.
Does this immunity apply to a witness being sued in his home county?
The protection is tied to being served with a summons "in a county in which he does not reside," so it addresses suits brought in the county visited for the subpoena, not the witness's home county.
Does this section stop the witness from ever being served with that summons?
It bars service accomplished in that county while the witness is there under subpoena; it does not address service attempted through other lawful means elsewhere.
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: witness immunity from service nebraskasubpoenaed witness sued while testifyingnonresident witness protectionimmunity from summons attending courttraveling witness legal protection