§ 25-2747.Evidence; stipulation; document; objections; Nebraska Evidence Rules; applicability; health care provider report; form.

Article 27: County Court Rules of Procedure and Probate Practice · Last amended 2020 · Last verified July 22, 2026

In one sentenceThe Expedited Act pushes parties toward stipulating to evidence, lets a court admit a document over authenticity or hearsay objections when disclosed ninety days ahead of trial, and lets a treating health care provider’s signed report stand in for live testimony.

Full Text of § 25-2747

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(1) Parties to an action under the County Court Expedited Civil Actions Act should stipulate to factual and evidentiary matters to the greatest extent possible.

(2) For purposes of the act, the court may overrule objections based on authenticity and hearsay to the admission of a document, notwithstanding the absence of testimony or certification from a custodian or other qualified witness, if:

(a) The party offering the document gives notice to all other parties of the party's intention to offer the document into evidence at least ninety days in advance of trial. The notice must be given to all parties together with a copy of any document intended to be offered;

(b) The document on its face appears to be what the proponent claims it is;

(c) The document on its face appears not to be hearsay or appears to fall within a hearsay exception set forth in Nebraska law; and

(d) The objecting party has not raised a substantial question as to the authenticity or trustworthiness of the document.

(3) Except as otherwise specifically provided by the act, the Nebraska Evidence Rules are applicable to actions under the act.

(4) Nothing in subsection (2) of this section authorizes admission of a document that contains hearsay within hearsay, unless the court determines from the face of the document that each part of the combined statements conforms with a hearsay exception set forth in Nebraska law.

(5) Any authenticity or hearsay objections to a document as to which notice has been provided under subdivision (2)(a) of this section must be made within thirty days after receipt of the notice.

(6)(a) The report of any treating health care provider concerning the plaintiff may be used in lieu of deposition or in-court testimony of the health care provider, so long as the report offered into evidence is on a form adopted for such purpose by the Supreme Court and is signed by the health care provider making the report.

(b) The Supreme Court shall adopt a form for the purposes of subdivision (6) (a) of this section.

(c) Unless otherwise stipulated or ordered by the court, a copy of any completed health care provider report under subdivision (6)(a) of this section must be served on all parties at least ninety days in advance of trial. Any objections to the health care provider statement, including an objection that the statement is incomplete or does not otherwise comply with this subsection, must be made within thirty days after receipt of the statement. For good cause shown, the court may issue such orders regarding the health care provider report as justice may require, including an order permitting a health care provider to supplement the report.

(d) Any party against whom a health care provider report may be used has the right, at the party's own initial expense, to cross-examine by deposition the health care provider signing the report, and the deposition may be used at trial.

(e) The deposition of the health care provider and the discovery of facts or opinions held by an expert are not counted for purposes of the numerical limits of section 25-2744.

Source

Laws 2020, LB912, § 7.

Cross References

Nebraska Evidence Rules, see section 27-1103.

Plain-English Summary

Parties in an expedited action should stipulate to factual and evidentiary matters as much as possible, which keeps trials within the Act’s tight time limits. Where they do not stipulate, the Act creates a shortcut for admitting documents. A court may overrule authenticity and hearsay objections to a document, even without a custodian or other qualified witness testifying, if the offering party gave notice at least ninety days before trial along with a copy of the document, the document appears on its face to be what it is claimed to be, it appears on its face to be non-hearsay or to fall within a recognized hearsay exception, and the objecting party has not raised a substantial question about its authenticity or trustworthiness. Objections to a noticed document must be raised within thirty days after receiving the notice, and the shortcut does not reach a document that combines hearsay within hearsay unless each layer independently satisfies a hearsay exception on the document’s face. Outside these specific provisions, the Nebraska Evidence Rules still govern.

The Act gives similar treatment to treating health care provider reports. On a form the Supreme Court adopts, signed by the provider, such a report can substitute for that provider’s deposition or in-court testimony about the plaintiff. Unless the parties stipulate or the court orders otherwise, the report has to be served on all parties at least ninety days before trial, and any objection — including that the report is incomplete or otherwise noncompliant — must be raised within thirty days of receiving it. For good cause, the court can order the report supplemented. A party against whom the report may be used still has the right, at that party’s own initial expense, to cross-examine the provider by deposition, and that deposition can be used at trial.

Neither the health care provider’s deposition nor the discovery of an expert’s facts or opinions under this section counts against the numerical discovery limits set in section 25-2744.

Frequently Asked Questions

Do I have to agree to facts and documents I would normally contest at trial?

The Act directs parties to stipulate to factual and evidentiary matters to the greatest extent possible, though it does not force agreement — it also provides a fallback procedure for admitting documents without a stipulation.

How can a document get into evidence without a witness to authenticate it?

If the offering party gives at least ninety days’ notice with a copy of the document, the document appears genuine and non-hearsay (or within a hearsay exception) on its face, and the objecting party has not raised a substantial question about its authenticity or trustworthiness.

How much advance notice must I give before trial to use this document shortcut?

At least ninety days before trial, along with a copy of the document.

Can my treating doctor’s written report replace an in-court appearance?

Yes, if it is on the Supreme Court-adopted form, signed by the provider, and served on the parties at least ninety days before trial, absent a different stipulation or court order.

If I disagree with a health care provider’s report, what can I do?

Raise an objection within thirty days of receiving it, and you retain the right, at your own initial expense, to cross-examine the provider by deposition, which can then be used at trial.

Does deposing a health care provider count against my deposition or expert limit?

No. Section 25-2747 states that the health care provider’s deposition, and the discovery of an expert’s facts or opinions under this section, do not count toward the numerical limits in section 25-2744.

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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