§ 25-1268.Discovery; delivery of copies of documents; refusal to deliver; penalty.
Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires a party to hand over a copy of any document the case is founded on or that the party plans to offer at trial, and bars that party from using the original in evidence if a requested copy is refused.
Full Text of § 25-1268
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Either party or his attorney, if required, shall deliver to the other party or his attorney, a copy of any deed, instrument or other writing whereon the action or defense is founded, or which he intends to offer in evidence at the trial. If the plaintiff or defendant shall refuse to furnish the copy or copies required, the party
so refusing shall not be permitted to give in evidence, at the trial, the original, of which a copy has been refused. This section shall not apply to any paper a copy of which is filed with a pleading.
This section predates modern discovery practice, but it still governs a narrow exchange of documents in a Nebraska civil case. Either party, or his attorney if required, must deliver to the other party or attorney a copy of any deed, instrument, or other writing on which the action or defense is founded, or which he intends to offer in evidence at trial.
The section carries its own enforcement mechanism instead of relying on a separate motion to compel. If the plaintiff or defendant refuses to furnish a copy that was required, that refusing party loses the right to put the original into evidence at trial. Refusing to share the document does not just risk a sanction later; it forfeits the use of the document itself.
The section carves out one exception: it does not apply to a paper already filed with a pleading, since a copy filed with the pleading is already available to the other side. This mechanism is narrower than the discovery rules the Supreme Court promulgates under sections 25-1273 and 25-1273.01, which govern broader party and nonparty discovery; this section addresses only documents a case is founded on or that a party plans to use as trial exhibits.
Frequently Asked Questions
What documents does this section require a party to share with the other side?
Any deed, instrument, or other writing on which the action or defense is founded, or which the party intends to offer in evidence at trial.
What happens if a party refuses to provide a required copy?
The refusing party is not permitted to give the original of that document in evidence at trial.
Does this section apply to a document already filed with a pleading?
No. The section specifically states it does not apply to any paper a copy of which is filed with a pleading.
Is this the same mechanism as modern discovery under the Supreme Court's discovery rules?
No. This section is a narrower, older exchange tied specifically to documents an action or defense is founded on or trial exhibits. The broader discovery rules the Supreme Court promulgates under sections 25-1273 and 25-1273.01 operate separately.
Does a party have to request the copy first, or is delivery automatic?
The section describes delivery "if required," indicating the obligation is tied to a request rather than automatic delivery in every case.
Can a party who was refused a copy still use secondary evidence about the document's contents?
The section addresses only the consequence for the original — the refusing party cannot offer the original in evidence at trial; it does not itself address secondary evidence of the document's contents.
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:exchange of documents founded on actionrefusal to deliver copy of deedpenalty for withholding trial exhibit copyold nebraska discovery statutecopy of instrument sued upon