Article 26: Uniform Arbitration Act · Last amended 1987 · Last verified July 22, 2026
In one sentenceThis section gives arbitrators the power to issue subpoenas, administer oaths, and permit depositions of witnesses who cannot attend or be subpoenaed, and makes those subpoenas enforceable in court the same way a civil-action subpoena would be.
Full Text of § 25-2608
Text size
(a) The arbitrators may issue or cause to be issued subpoenas for the attendance of witnesses, for the taking of depositions, and for the production of books, records, documents, and other evidence and shall have the power to administer oaths. Subpoenas so issued shall be served and, upon application to the court by a party or the arbitrators, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.
(b) On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.
(c) All provisions of law compelling a person under subpoena to testify are applicable.
(d) Fees for attendance as a witness shall be the same as for a witness in the county court.
Source
Laws 1987, LB 71, § 8.
Plain-English Summary
Arbitration lacks a courtroom, but section 25-2608 gives it courtroom-like tools for gathering evidence. The arbitrators may issue, or cause to be issued, subpoenas for the attendance of witnesses, for taking depositions, and for producing books, records, documents, and other evidence, and they have the power to administer oaths. A subpoena issued this way is served the same way a civil-action subpoena would be, and if someone ignores it, a party or the arbitrators can apply to the court to enforce it using the same procedures that apply to subpoenas in ordinary civil litigation.
Depositions fill a narrower gap: on a party’s application, and for use as evidence at the hearing, the arbitrators may permit a deposition of a witness who cannot be subpoenaed or cannot attend the hearing, taken in whatever manner and on whatever terms the arbitrators set. All the legal rules that compel a subpoenaed person to testify apply here just as they would in court. And a witness who testifies in an arbitration is entitled to the same witness fees paid to a witness in county court.
Frequently Asked Questions
Can arbitrators force a witness to testify or produce documents?
Yes. Section 25-2608 gives arbitrators the power to issue or cause to be issued subpoenas for witness attendance, depositions, and production of books, records, and other evidence.
What happens if a witness ignores an arbitration subpoena?
A party or the arbitrators can apply to the court, which enforces the subpoena the same way it would enforce one issued in a civil action.
Can I take a deposition of a witness who can’t come to the arbitration hearing?
Yes, on application to the arbitrators, and only for a witness who cannot be subpoenaed or is unable to attend, with the arbitrators setting the manner and terms of the deposition.
Can arbitrators swear in a witness the way a judge does?
Yes. The section gives arbitrators the power to administer oaths.
Do arbitration witnesses get paid a witness fee?
Yes, the same fee paid to a witness in county court.
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:arbitration subpoena power nebraskadepositions in arbitration proceedingenforcing arbitration subpoena in courtwitness fees arbitration hearingadministering oaths arbitrators