Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-1240 (2026)

Testimony; how taken

✓ current as of July 2026
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The testimony of witnesses may be taken in four modes: (1) By affidavit; (2) by deposition; (3) by oral examination; and (4) by videotape of an examination conducted prior to the time of trial for use at trial in accordance with procedures provided by law.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1995–2024 · leading case: State v. Vandever, 287 Neb. 807 (Neb. 2014).
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State v. Vandever, 287 Neb. 807 (Neb. 2014). · cites it 9× “§ 25-1240 (Reissue 2008), that is, as live testimony at trial by oral examination or by some substitute for live testimony, including but not limited to, affidavit, deposition, or video recording of an exami- nation conducted prior to the time of trial for use at trial.”
AVG Partners I v. Genesis Health Clubs, 307 Neb. 47 (Neb. 2020). · cites it 2× “Under Neb. Rev. Stat. § 25-1245 (Reissue 2016) and Neb.”
Timothy L. Ashford, PC LLO v. Roses, 984 N.W.2d 596 (Neb. 2023). · cites it 2× “We do not address whether the letter and affidavit are mate- rially different, because Ashford’s argument fails for a differ- ent reason: Andrea’s letter was not “testimony.”
In Re Interest of Fedalina G., 721 N.W.2d 638 (Neb. 2006). · cites it 2× “We stated: In connection with the means by which evidence may be taken, Neb. Rev. Stat. § 25-1240 (Reissue 1989), the Legislature has defined an affidavit as a “written declaration under oath, made without notice to the adverse party,” Neb.”
In re Est. of Clinger, 292 Neb. 237 (Neb. 2015). · cites it 2× “67 Neb. Rev. Stat. § 25-1240 (Reissue 2008).”
Paw K. v. Christian G., 315 Neb. 781 (Neb. 2024). · cites it 2× “A statute specifically provides that “[a]n affidavit may be used to verify a pleading, to prove the service of a summons, notice or other process, in an action, to obtain a provisional remedy, an examination of a witness, a stay of pro- ceedings, or upon a motion, and in any…”
Kimball v. Neb. Dept. of Motor Vehs., 586 N.W.2d 439 (Neb. 1998). · cites it 2× “The court found that telephonic testimony at a formal rules of evidence hearing was improper under Neb.Rev.Stat. § 25-1240 (Reissue 1995) and § 25-1243, that the hearing was therefore void, and that the resulting order was to be vacated.”
State v. Haase, 530 N.W.2d 617 (Neb. 1995). · cites it 2× “In connection with the means by which evidence may be taken, Neb. Rev. Stat. § 25-1240 (Reissue 1989), the Legislature has defined an affidavit as a “written declaration under oath, made without notice to the adverse party,” Neb.”
Schroeder v. Barnes, 565 N.W.2d 749 (Neb. Ct. App. 1997). · cites it 2× “The statutory basis of this position is found in Neb. Rev. Stat. § 25-1240 (Reissue 1995), which provides for the means of taking oral testimony, and Neb.”
Kimball v. Nebraska Dep't of Motor Vehs., 586 N.W.2d 439 (Neb. 1998). · cites it 2× “The court found that telephonic testimony at a formal rules of evidence hearing was *433 improper under Neb. Rev. Stat. § 25-1240 (Reissue 1995) and § 25-1243, that the hearing was therefore void, and that the resulting order was to be vacated.”
In re Est. of Clinger (Neb. Ct. App. 2015). · cites it 6× “Neb. Rev. Stat. § 25-1240 (Reissue 2008) provides four modes by which testimony of witnesses can be taken, including by affidavit, deposition, oral examination, and video recording of an examination conducted prior to the time of trial for use at trial in accordance with…”
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