A deposition is a written declaration under oath or a videotape taken under oath in accordance with procedures provided by law, made upon notice to the adverse party for the purpose of enabling him to attend and cross-examine, or made upon written interrogatories.
§ 25-1242.Deposition, defined.
Article 12: Evidence and Witnesses · Last amended 1973 · Last verified July 22, 2026
In one sentenceThis section defines a deposition as a written or videotaped statement under oath, taken either upon notice to the adverse party so that side can attend and cross-examine, or upon written interrogatories.
Full Text of § 25-1242
Source
R.S.1867, Code § 368, p. 455; R.S.1913, § 7934; C.S.1922, § 8876; C.S.1929, § 20-1242; R.S.1943, § 25-1242; Laws 1973, LB 504, § 3.
Plain-English Summary
This section defines the second mode of testimony from section 25-1240. A deposition is a written declaration under oath, or a videotape taken under oath in accordance with procedures provided by law, made upon notice to the adverse party for the purpose of letting that party attend and cross-examine — or, alternatively, made upon written interrogatories.
The defining feature, in contrast to an affidavit, is participation by the other side. A deposition either gives the adverse party notice and the chance to be present and cross-examine the witness, or it proceeds through written questions submitted in advance. Either path builds the opposing party into the process in a way an affidavit does not.
The reference to videotape reflects that a deposition can be captured on video rather than reduced only to a written transcript, so long as it follows procedures set out elsewhere in the law. Sections 25-1233 and 25-1234 address the particular procedure for deposing a person confined in prison.
Frequently Asked Questions
What is a deposition under this section?
A written declaration under oath, or a videotape taken under oath following legally prescribed procedures, made upon notice to the adverse party so that party can attend and cross-examine, or made upon written interrogatories.
Does the adverse party always have to be physically present for a deposition?
Not necessarily. A deposition may instead be made upon written interrogatories, which does not require the adverse party's physical attendance.
Can a deposition be recorded on video instead of just written down?
Yes. The definition includes a videotape taken under oath, in accordance with procedures provided by law, as a form of deposition.
How is a deposition different from an affidavit?
An affidavit, defined in section 25-1241, is made without notice to the adverse party. A deposition is made upon notice, giving the adverse party the chance to attend and cross-examine, or upon written interrogatories.
Where are the rules for deposing someone who is imprisoned?
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: deposition definition nebraskawhat is a deposition legallywritten interrogatories depositionvideotaped deposition nebraskanotice to adverse party deposition