Neb. Rev. Stat. » Chapter 29
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

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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× “Likewise, even if the testimony sought by Prior by his motion could have been found to be somehow relevant to Prior’s defense, overruling the motion to secure the witnesses’ attendance was harmless error due to the overwhelming amount of evidence of Prior’s guilt, including, but…”
State v. Bershon, 18 N.W.3d 810 (Neb. Ct. App. 2025). · cites it 2× “He alleges that an investigation of the phone would have definitively shown that he did not confess any crimes to Leman via text or voicemail and that this evidence would have led to a different outcome at trial.”
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, 854 N.W.2d 584 (Neb. 2014). · cites it 3× “He argues that his trial counsel could have sub- poenaed Stoeckle under Neb. Rev. Stat. § 29-1908 (Reissue 2008).”
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.