(1) A subpoena commanding a person to appear and testify at a trial or deposition may command that at the same time and place specified in the subpoena for the person to appear and testify, the person must produce designated documents, electronically stored information, or tangible things in the person's possession, custody, or control. The scope of a command to produce documents, electronically stored information, or tangible things pursuant to this section is governed by the rules of discovery in civil cases.
(2) The Supreme Court may promulgate a rule for discovery in civil cases that specifies the procedures to be followed when a party seeks to serve a deposition subpoena that commands the person to produce designated documents, electronically stored information, or tangible things in the person's possession, custody, or control. Any such rule shall not conflict with the laws governing such matters.
Notes of Decisions
Cited in
3
cases, 2007–2020 · leading case:
State v. Lierman, 305 Neb. 289 (Neb. 2020).
State v. Lierman, 305 Neb. 289 (Neb. 2020).
· cites it 4× “” The general procedures to be used in issuing subpoenas in a civil case are set forth in Neb. Rev. Stat. § 25-1223 (Cum. Supp. 2018).”
State v. McKinney, 730 N.W.2d 74 (Neb. Ct. App. 2007).
· cites it 5× “]” Also McKinney directs us to Neb. Rev. Stat. § 25-1224 (Reissue 1995), which provides for the issuing of the subpoena duces tecum to a witness, requiring him to appear to testify and further bring with him any “book, writing or other thing under his control.”
United States v. McIntyre, 683 F. Supp. 2d 1020 (D. Neb. 2010).
· cites it 2× “2d 74, 88-89 (2007) (DNA did not fit within the categories of discoverable items listed in Neb.Rev.Stat. § 25-1224 (Reissue 1995) (civil discovery) only because it was not a “book, writing or other thing”).”
— Neb. Rev. Stat. § 25-1224(1) — 1 case
State v. Lierman, 305 Neb. 289 (Neb. 2020).
“” The general procedures to be used in issuing subpoenas in a civil case are set forth in Neb. Rev. Stat. § 25-1223 (Cum. Supp. 2018).”
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