Civil actions to which the state is a party shall, on motion of counsel on behalf of the state, have priority of trial over other civil actions; and the several district courts having jurisdiction to try actions to which the state is a party shall have power to compel attendance of witnesses, as is now had by such courts in other civil actions, and on payment of fees and mileage at the rate provided in section 81-1176 for state employees by the party desiring their attendance, may compel the attendance of witnesses from any county within the state.
§ 25-21,208.Actions to which state is a party; priority of trial; power to compel attendance of witnesses.
Article 21: Special Proceedings and Actions · Last amended 1981 · Last verified July 22, 2026
In one sentenceThis section gives civil actions involving the state priority on the trial docket when the state’s counsel asks for it, and lets district courts compel witnesses to attend from anywhere in the state once the party wanting their testimony pays the fees and mileage set for state employees.
Full Text of § 25-21,208
Source
Laws 1877, § 8, p. 21; R.S.1913, § 1184; C.S.1922, § 1107; C.S.1929, § 27-326; R.S.1943, § 24-326; Laws 1981, LB 204, § 33; R.S.1943, (1985), § 24-326.
Plain-English Summary
Section 25-21,208 gives the state two practical advantages once litigation is underway. First, on motion of counsel for the state, a civil action to which the state is a party jumps ahead of other civil actions on the trial docket — the state does not have to wait its ordinary turn once its counsel asks for priority.
Second, the district courts hearing these actions have the same power to compel witnesses that they already have in other civil cases, extended statewide: on payment of fees and mileage at the rate section 81-1176 sets for state employees, the party wanting a witness’s testimony may compel that witness to attend from any county in Nebraska, not only the county where the case is pending.
Frequently Asked Questions
Do cases involving the state get priority over other civil cases?
Yes, on motion of counsel on behalf of the state, such a case has priority of trial over other civil actions.
Can a court compel a witness from another county to testify in a state case?
Yes. On payment of fees and mileage at the rate section 81-1176 sets for state employees, the district court may compel a witness’s attendance from any county in the state.
Who has to request the trial priority?
Counsel on behalf of the state; the priority follows from a motion, not automatically.
What rate governs the fees and mileage paid to compel a witness?
The rate set in section 81-1176 for state employees.
Does this section change any other procedural rule for state cases?
No. It addresses only trial priority and the power to compel witness attendance statewide; other procedural questions are covered elsewhere in this framework.
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: priority trial state case nebraskacompel witness attendance state lawsuitwitness fees mileage nebraska state casesection 25-21,208 meaningdocket priority civil action state party