Nebraska Revised Statutes

Neb. Rev. Stat. § 29-1908 (2026)

Person in another state required as witness in this state; procedure to secure attendance; fees; failure to testify; punishment

✓ current as of July 2026

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If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Such certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his or her attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found. If the witness is summoned to attend and testify in this state he or she shall be tendered an amount equal to the rate authorized in section 81-1176 for mileage for state employees for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and five dollars for each day that he or she is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he or she shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1954–2025 · leading case: Vore v. State, 63 N.W.2d 141 (Neb. 1954).

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Vore v. State, 63 N.W.2d 141 (Neb. 1954). · cites it 2× “Section 29-1908, R. R. S. 1943, makes no provision for the advancement of mileage and per diem to a defense witness from another state.”

State v. Prior, 973 N.W.2d 726 (Neb. Ct. App. 2022). · cites it 2× “Neb. Rev. Stat. § 29-1908 (Reissue 2016), which governs the court’s ability to secure out-of-state witnesses, provides in part: If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal…”

State v. Bershon, 33 Neb. Ct. App. 523 (Neb. Ct. App. 2025). · cites it 2× “” Whether counsel believed that this inability was due to the lack of a legal mechanism to secure an out-of-state witness (which, considering Neb. Rev. Stat. § 29-1908 (Reissue 2016), would be untrue) or due to a true lack of knowledge concerning the where- abouts of the author…”

State v. Lang, 272 N.W.2d 775 (Neb. 1978). · cites it 2× “See section 29-1908, R. R. S. 1943; Iowa Code Ann.”

State v. Casados, 271 N.W.2d 849 (Neb. 1978). · cites it 2× “The trial court determined that such testimony would be irrelevant and that it could not issue the certificate required by section 29-1908, R. R. S. 1943, that the named witnesses were material.”

State v. Dubray (Neb. 2014). · cites it 3× “He argues that his trial counsel could have sub- poenaed Stoeckle under Neb. Rev. Stat. § 29-1908 (Reissue 2008).”

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