If a witness conceals himself, or in any other manner attempts to avoid being personally served with a subpoena any sheriff or constable, having the subpoena, may use all necessary and proper means to serve the same, and for that purpose may break into any building or other place where the witness is to be found, having first made known his business and demanded admittance.
§ 25-1238.Subpoena; witness avoiding service; powers of officer.
Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a sheriff or constable use necessary and proper means, including breaking into a building after announcing his business and demanding entry, to serve a subpoena on a witness who hides or otherwise tries to dodge personal service.
Full Text of § 25-1238
Source
R.S.1867, Code § 397, p. 460; R.S.1913, § 7930; C.S.1922, § 8872; C.S.1929, § 20-1238; R.S.1943, § 25-1238.
Plain-English Summary
A subpoena does no good if the witness can defeat it just by staying out of reach. This section addresses the witness who conceals himself or otherwise tries to avoid being personally served. In that situation, the sheriff or constable holding the subpoena may use all necessary and proper means to serve it.
That authority reaches as far as entering a building by force. The officer may break into any building or other place where the witness is to be found for the purpose of serving the subpoena. That power is not unconditional: the officer must first make known his business and demand admittance before resorting to force, giving whoever is inside a chance to let him in peacefully.
Frequently Asked Questions
What can an officer do if a witness hides to avoid being served with a subpoena?
The sheriff or constable holding the subpoena may use all necessary and proper means to serve it, including entering a building where the witness is to be found.
Does the officer need to do anything before breaking into a building to serve the subpoena?
Yes. The officer must first make known his business and demand admittance before breaking in.
Does this power apply to any witness, or only one who is actively evading service?
It applies to a witness who conceals himself or otherwise attempts to avoid being personally served, not to routine service on a cooperative witness.
Who is authorized to use this forced-entry power?
A sheriff or constable who has the subpoena in hand for service.
Does the section limit forced entry to the witness's own home?
No. It covers any building or other place where the witness is to be found, not only the witness's residence.
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 evading subpoena service nebraskaofficer break in serve subpoenaforced entry to serve processsheriff powers serving subpoenaavoiding personal service of subpoena