§ 25-1570.Discovery of property of debtor; examination; witnesses.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1992 · Last verified July 22, 2026
Full Text of § 25-1570
Source
R.S.1867, Code § 539, p. 488; R.S.1913, § 8118; C.S.1922, § 9054; C.S.1929, § 20-1572; R.S.1943, § 25-1570; Laws 1992, LB 1059, § 12.
Plain-English Summary
Section 25-1570 makes sure a debtor-property examination is not limited to the debtor’s own testimony or the testimony of a third party ordered to appear under section 25-1569. Witnesses generally can be required to appear and testify in any proceeding under sections 25-1564 to 25-1580, either through an order of the judge or through a subpoena the clerk of the court issues.
The statute ties this witness power to familiar ground: witnesses appear and testify "in the same manner as upon the trial of an issue." That means the ordinary rules and procedures for compelling trial testimony carry over to these post-judgment discovery proceedings, so a judgment creditor investigating hidden or transferred assets is not limited to what the debtor or a named third party volunteers.
Frequently Asked Questions
Can witnesses other than the debtor be forced to testify in a property-discovery proceeding?
How are these witnesses compelled to appear?
Either by an order of the judge, or by a subpoena issued by the clerk of the court.
Does witness testimony in this proceeding follow the same rules as trial testimony?
Yes. The statute specifies that witnesses appear and testify in the same manner as upon the trial of an issue.
Why would a judgment creditor need witnesses beyond the debtor?
Witnesses can supply information about property or debts the debtor may not disclose voluntarily, supporting the broader goal of these sections: locating assets to satisfy the judgment.