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§ 25-1276.Other facts required to be shown by affidavit; how proved.

Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026

In one sentenceThis section lets any other fact that the law requires to be shown by affidavit, and that a person might need in some future action or proceeding, be proved by following the same procedure sections 25-1274 and 25-1275 set out, adapted as closely as the circumstances allow.

Full Text of § 25-1276

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Any other fact which is required to be shown by affidavit, and which may be required for future use in any action or other proceeding, may be proved by pursuing the course indicated in sections 25-1274 and 25-1275, as nearly as the circumstances of the case will admit.

Source

R.S.1867, Code § 405, p. 461; R.S.1913, § 7969; C.S.1922, § 8910; C.S.1929, § 20-1276; R.S.1943, § 25-1276.

Plain-English Summary

Nebraska law lets people preserve certain facts by affidavit before a dispute ever reaches the courthouse — proof of publication, notice given, or similar events that might matter later but that no one wants to reconstruct from memory years afterward. Sections 25-1274 and 25-1275 spell out the mechanics for that kind of advance proof. Section 25-1276 widens the door: whatever other fact the law requires to be shown by affidavit, and that a person might need to establish in some future action or proceeding, can be proved the same way, by following the procedure in those two sections as nearly as the circumstances will admit.

That closing phrase does real work. Not every fact fits the mold built for publication notices, so the section does not demand an exact match. It asks for a good-faith adaptation of the established method, applied to whatever fact needs proving. That flexibility keeps a narrowly drafted procedure useful across a wide range of situations without forcing the Legislature to write a new statute for every kind of fact someone might need to preserve.

Frequently Asked Questions

What does section 25-1276 let me do?

It lets you preserve proof of a fact by affidavit for possible later use, following the same procedure sections 25-1274 and 25-1275 use for legal notices.

Does this section create a new kind of affidavit?

No. It extends the existing procedure in sections 25-1274 and 25-1275 to other facts required to be shown by affidavit, rather than creating a separate procedure.

What if the fact I need to prove does not fit the notice-publication pattern exactly?

The section only requires the procedure to be followed as nearly as the circumstances of the case will admit, so some adaptation is expected.

Who typically relies on this section?

Someone who anticipates needing to prove a fact in a future lawsuit and wants to lock it in by affidavit while evidence and memory are still fresh.

Does this section itself describe how to prepare the affidavit?

No. It points back to sections 25-1274 and 25-1275 for the actual procedure.

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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