Nebraska § 25-1228 - Trial subpoena; witness fee; return; cost.
Full text of Nebraska Revised Statutes of Nebraska § 25-1228 — Trial subpoena; witness fee; return; cost., with citation guidance and answers to common questions.
§ 25-1228. Trial subpoena; witness fee; return; cost.
(1) The witness fee for one day's attendance must be served with a trial subpoena except when the subpoena is issued (a) at the request of an agency of state government or (b) pursuant to section 25-2304.
(2) The person serving the subpoena shall make a return of service stating the name of the person served, the date and method of service, and, if applicable, that the required witness fee was served with the subpoena. The return of service must be by affidavit unless the subpoena was served by a sheriff or constable. If service was made by certified mail, the signed receipt must be attached to the return of service.
(3) The cost of service of a subpoena is taxable as a court cost, and when service of a subpoena is made by a person other than a sheriff or constable, the cost taxable as a court cost is the lesser of the actual amount incurred for service of process or the statutory fee set for sheriffs in section 33-117.
(4) Except as provided in section 25-2304, the party at whose request a trial subpoena is issued in a civil action or proceeding must pay the witness the fees and mileage to which the witness is entitled under section 33-139. Any fees and mileage that were not paid to the witness before the witness testified must be paid to the witness within a reasonable time after the witness testified.
There is no provision in this section for a court to compel a postdeposition reimbursement of fees. Bedore v. Ranch Oil Co., 282 Neb. 553, 805 N.W.2d 68 (2011).
Section is not applicable to criminal cases. Huckins v. State, 61 Neb. 871, 86 N.W. 485 (1901).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 25-1228
What does Revised Statutes of Nebraska § 25-1228 cover?
Section 25-1228 ("Trial subpoena; witness fee; return; cost.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 25-1228?
A common citation format is "Revised Statutes of Nebraska § 25-1228" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 25-1228 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.