In any civil or criminal case in which a party is permitted to proceed in forma pauperis, the court may order witnesses to be subpoenaed if the court finds that they have evidence material and necessary to the case and that they are within the judicial district in which the court is held or within one hundred miles of the place of trial. In such case the process and the fees of the witnesses shall be paid by the county in the same manner as other claims are paid.
§ 25-2304.Witness; subpoena; process; fees; payment by county.
Article 23: Costs in In Forma Pauperis Proceedings · Last amended 1999 · Last verified July 22, 2026
In one sentenceLets a Nebraska court subpoena material and necessary witnesses for an in forma pauperis litigant, so long as the witnesses are within the judicial district or within 100 miles of the trial, with the county covering the process and witness fees.
Full Text of § 25-2304
Source
Laws 1972, LB 1120, § 4; Laws 1999, LB 689, § 7.
Plain-English Summary
An in forma pauperis litigant still has to prove a case, and that often means calling witnesses. Section 25-2304 lets the court order witnesses subpoenaed on the litigant’s behalf, but only after finding the witnesses have evidence that is material and necessary to the case, and only if they are within the judicial district where the court sits or within one hundred miles of the trial location.
Once the court makes those findings and orders the subpoenas issued, the county covers the cost — both the expense of the process itself and the witness fees — paid the same way as other county claims.
Frequently Asked Questions
Can an in forma pauperis litigant get witnesses subpoenaed at no cost?
Yes, if the court finds the witnesses’ evidence material and necessary and they are within the judicial district or within one hundred miles of trial.
What findings must the court make before ordering a subpoena under this section?
That the witnesses have evidence material and necessary to the case.
Is there a distance limit on which witnesses can be subpoenaed this way?
Yes, within the judicial district or within one hundred miles of the trial location.
Who pays for subpoenaing and compensating these witnesses?
The county, in the same manner as other claims against the county.
Does the court have to subpoena every witness the litigant requests?
No. The court must first find the witness’s evidence material and necessary before ordering the subpoena.
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: ifp witness subpoena cost nebraskacounty pays witness fees nebraskasubpoena material and necessary witnessin forma pauperis trial witnesses