The testimony of witnesses may be taken in four modes: (1) By affidavit; (2) by deposition; (3) by oral examination; and (4) by videotape of an examination conducted prior to the time of trial for use at trial in accordance with procedures provided by law.
§ 25-1240.Testimony; how taken.
Article 12: Evidence and Witnesses · Last amended 1973 · Last verified July 22, 2026
In one sentenceThis section lists the four recognized modes for taking witness testimony in a Nebraska civil case: affidavit, deposition, oral examination, and videotaped examination conducted before trial for use at trial.
Full Text of § 25-1240
Source
R.S.1867, Code § 366, p. 454; R.S.1913, § 7932; C.S.1922, § 8874; C.S.1929, § 20-1240; R.S.1943, § 25-1240; Laws 1973, LB 504, § 2.
Plain-English Summary
This section is the organizing framework for how testimony reaches a Nebraska civil case. It names four modes: by affidavit, by deposition, by oral examination, and by videotape of an examination conducted before trial for use at trial in accordance with procedures provided by law. Every other section discussing how testimony gets taken and used builds on this short list.
The sections that immediately follow define each of the first three modes in turn — affidavit, deposition, and oral examination each get their own definition — and later sections address when and how affidavits in particular may be used. Videotaped testimony is treated as its own category, tied to procedures set elsewhere in the law rather than defined in detail here.
Frequently Asked Questions
What are the four ways testimony can be taken in a Nebraska civil case?
By affidavit, by deposition, by oral examination, and by videotape of an examination conducted before trial for use at trial in accordance with procedures provided by law.
Where are these four modes defined in more detail?
The sections that follow this one define affidavit, deposition, and oral examination individually.
Does this section explain how videotaped testimony must be conducted?
No. It identifies videotaped examination as one of the four modes and points to procedures provided by law elsewhere for the details of how it is done.
Is oral examination the same thing as a deposition under this framework?
No. The section lists them as separate modes, and later sections define each one differently.
Does this section require a party to use only one of these four modes throughout a case?
The section identifies the available modes without limiting a case to a single one; different modes commonly apply to different witnesses or different stages of a case.
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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