An affidavit is a written declaration under oath, made without notice to the adverse party.
§ 25-1241.Affidavit, defined.
Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section defines an affidavit as a written declaration made under oath without notice to the opposing party, distinguishing it from testimony taken with the other side present or informed.
Full Text of § 25-1241
Source
R.S.1867, Code § 367, p. 455; R.S.1913, § 7933; C.S.1922, § 8875; C.S.1929, § 20-1241; R.S.1943, § 25-1241.
Plain-English Summary
This section supplies the definition behind the first mode of testimony listed in section 25-1240. An affidavit is a written declaration under oath, made without notice to the adverse party. That last phrase is what sets an affidavit apart from a deposition: nothing in the affidavit process requires telling the other side beforehand or giving them a chance to be present or to cross-examine.
Because an affidavit is prepared without the other side's participation, it functions differently from testimony taken by deposition or oral examination, where the adverse party gets notice and a chance to respond. Section 25-1244 lists the specific situations where an affidavit may be used.
Frequently Asked Questions
What makes a statement an "affidavit" under this section?
It must be a written declaration made under oath. The section also specifies that it is made without notice to the adverse party.
Does the opposing party get any notice before an affidavit is prepared?
No. The definition specifically describes an affidavit as made without notice to the adverse party.
How does an affidavit differ from a deposition under these definitions?
A deposition, defined in section 25-1242, is made upon notice to the adverse party so that side can attend and cross-examine, or upon written interrogatories. An affidavit carries no such notice requirement.
Where does the law list the situations where an affidavit may be used?
Section 25-1244 sets out the specific purposes for which an affidavit may be used.
Must an affidavit be in writing?
Yes. The definition requires a written declaration, not an oral statement.
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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