In addition to the above remedies, if a party to a suit in his own right on being duly subpoenaed, failed to appear and give testimony, the other party may, at his option, have a continuance of the cause as in cases of other witnesses, and at the cost of the delinquent.
§ 25-1239.Subpoena to party; failure to attend and testify; continuance; costs.
Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets the other side get a continuance, at the absent party's expense, when a party who was properly subpoenaed as a witness in his own case fails to show up and testify.
Full Text of § 25-1239
Source
R.S.1867, Code § 398, p. 460; R.S.1913, § 7931; C.S.1922, § 8873; C.S.1929, § 20-1239; R.S.1943, § 25-1239.
Plain-English Summary
A party to a lawsuit can be subpoenaed as a witness just like anyone else, and this section addresses what happens when that party skips out on the obligation. If a party to a suit, duly subpoenaed in his own right, fails to appear and give testimony, the other party may choose to have the cause continued, the same remedy available when any other witness fails to appear.
The section also puts the cost of that delay where it belongs. The continuance is granted at the cost of the delinquent party — the one who was subpoenaed and did not show up — rather than leaving the opposing side to absorb the expense of the postponement.
Frequently Asked Questions
Can a party to a lawsuit be subpoenaed to testify as a witness?
Yes, the section addresses a party subpoenaed "in his own right," treating that party as subject to the same subpoena obligations as any other witness.
What can the other side do if a subpoenaed party fails to show up and testify?
The other party may, at his option, obtain a continuance of the case, the same remedy available when any other witness fails to appear.
Who pays for the delay caused by the missing party-witness?
The delinquent party — the one who was subpoenaed and failed to appear — bears the cost of the continuance.
Is a continuance automatic when a subpoenaed party does not appear?
No. The section gives the other party the option to seek a continuance; it is not an automatic consequence.
Does this remedy apply only to parties, or to witnesses generally?
The section extends to a party subpoenaed in his own right the same continuance remedy already available "as in cases of other witnesses," tying the two together rather than creating an entirely separate rule.
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: party fails to appear subpoena nebraskacontinuance for missing witnesssubpoenaing an opposing partycost of delay delinquent witnessparty as witness in own case