Nebraska Revised Statutes

Neb. Rev. Stat. § 29-1904 (2026)

Depositions; certain witnesses; application by defendant; when granted; interrogatories; notice to county attorney

✓ current as of July 2026
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Where any issue of fact is joined on any indictment, and any material witness for the defendant resides out of the state, or, residing within the state, is sick or infirm or is about to leave the state, such defendant may apply in writing to the court in term time, or the judge thereof in vacation, for a commission to examine such witness upon interrogatories thereto annexed, and such court or judge may grant the same, and order what and for how long a time notice shall be given the prosecuting attorney before the witness shall be examined.

Notes of Decisions
Cited in 5 cases, 1947–2007 · leading case: State v. Pratt, 733 N.W.2d 868 (Neb. 2007).
State v. Pratt, 733 N.W.2d 868 (Neb. 2007). · cites it 10× “After receiving the results from the DNA tests, Pratt filed a motion in June 2005 seeking certification for an out-of-state witness under Neb. Rev. Stat. §§ 29-1904 and 29-1906 to 29-1911 (Reissue 1995).”
State v. Kuehn, 728 N.W.2d 589 (Neb. 2007). · cites it 3× “See Neb. Rev. Stat. § 29-1904 (Reissue 1995).”
Vore v. State, 63 N.W.2d 141 (Neb. 1954). · cites it 2× “d testify in criminal prosecutions in this state, but not providing, either expressly or by implication, that such witnesses summoned on behalf of the defendant shall be brought in without expense to him, does not confer upon the courts of this state authority to procure the…”
Dolen v. State, 27 N.W.2d 264 (Neb. 1947). “” § 29-1904, R. S. 1943. See, also, § 25-1251, R.”
Rains v. State, 114 N.W.2d 399 (Neb. 1962). “While some discussion is made in the briefs of the defendant and the State of sections 29-1904 and 29-1905, R. R. S. 1943, it is unnecessary to analyze these sections with reference to this issue.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.