An affidavit may be made in and out of this state before any person authorized to take depositions, and must be authenticated in the same way. An attorney at law who is attorney for a party in any proceedings in any court of this state shall not be disqualified as the person before whom the affidavit is made by reason of such representation.
§ 25-1245.Affidavit; before whom made; attorney at law not disqualified.
Article 12: Evidence and Witnesses · Last amended 1965 · Last verified July 22, 2026
In one sentenceThis section allows an affidavit to be made in or out of Nebraska before anyone authorized to take depositions, requires the same authentication either way, and confirms that an attorney representing a party is not disqualified from administering that party's affidavit.
Full Text of § 25-1245
Source
R.S.1867, Code § 371, p. 455; R.S.1913, § 7937; C.S.1922, § 8879; C.S.1929, § 20-1245; R.S.1943, § 25-1245; Laws 1965, c. 121, § 1, p. 457.
Plain-English Summary
This section addresses who can administer an affidavit and where. An affidavit may be made both in and out of Nebraska before any person authorized to take depositions, and it must be authenticated in the same way regardless of where it is made. That ties the authority to administer an affidavit to the same pool of officials already authorized to take depositions, rather than creating a separate list.
The section then removes a potential objection. An attorney at law who represents a party in a court proceeding in Nebraska is not disqualified from being the person before whom that party's affidavit is made, only because of that representation. Without this clarification, a party could face the added burden of finding a neutral officer just to sign a routine affidavit, even when the party's own attorney is otherwise authorized to take depositions and readily available.
Frequently Asked Questions
Where can a Nebraska affidavit be made?
Either in or out of Nebraska, before any person authorized to take depositions.
Does an affidavit made outside Nebraska need different authentication than one made inside the state?
No. The section requires the affidavit to be authenticated "in the same way" regardless of whether it is made in or out of state.
Can a party's own attorney administer that party's affidavit?
Yes. The section states that an attorney representing a party in a Nebraska court proceeding is not disqualified from being the person before whom that party's affidavit is made because of that representation.
Who is authorized to take depositions, for purposes of administering an affidavit under this section?
The section ties affidavit authority to whoever is already authorized to take depositions, without listing those officials separately here.
Would using the party's own attorney to administer an affidavit make the affidavit invalid?
No. The section specifically forecloses that objection, stating the attorney is not disqualified by reason of representing the party.
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: who can administer an affidavit nebraskaattorney notarizing client affidavitaffidavit authentication in or out of stateaffidavit before person authorized to take depositionslawyer sign own client affidavit