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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 983
Introduced by DeBoer, 10.
Read first time January 12, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to civil procedure; to amend sections 25-331,1
25-1223, and 29-1901, Revised Statutes Cumulative Supplement, 2024;2
to change provisions relating to third-party practice and deposition3
subpoenas; to harmonize provisions; and to repeal the original4
sections. 5
Be it enacted by the people of the State of Nebraska,6
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Section 1. Section 25-331, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
25-331 (1)(a) A defending party may, as a third-party plaintiff,3
serve a summons and complaint on a nonparty: 4
(i) Who is or may be liable to the defending party for all or part5
of the claim against the defending party; or 6
(ii) Whose negligence was or may have been a proximate cause of the7
transaction or occurrence that is the subject matter of the plaintiff's8
claim and who is not precluded by section 25-21,185.11 from being made a9
party. 10
(b) The third-party plaintiff shall, by motion, obtain the court's11
leave if the third-party plaintiff files the third-party complaint more12
than fourteen days after serving its original answer.13
(c) The person served with the summons and third-party complaint,14
hereinafter called the third-party defendant, has all the rights and15
obligations of a defendant, including those created by this section and16
by the rules promulgated by the Supreme Court pursuant to sections17
25-801.01 and 25-1273.01. 18
(d) The third-party defendant may assert against the plaintiff any19
defense that the third-party plaintiff has to the plaintiff's claim. The20
third-party defendant may also assert against the plaintiff any claim21
arising out of the transaction or occurrence that is the subject matter22
of the plaintiff's claim against the third-party plaintiff.23
(e) The plaintiff may assert against the third-party defendant any24
claim arising out of the transaction or occurrence that is the subject25
matter of the plaintiff's claim against the third-party plaintiff.26
(f) A defending party may assert against the third-party defendant a27
claim that the third-party defendant is or may be liable to the defending28
party for all or part of the claim against the defending party.29
(g) A third-party defendant may bring in a nonparty if subdivision30
(1)(a) of this section would allow a defending party to do so.31
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(h) Any party may move to strike the third-party claim, to sever it,1
or try it separately. 2
(2) When a claim is asserted against a plaintiff, the plaintiff may3
bring in a nonparty if subdivision (1)(a) of this section would allow a4
defending party to do so. 5
Sec. 2. Section 25-1223, Revised Statutes Cumulative Supplement,6
2024, is amended to read: 7
25-1223 (1) Upon the request of a party to a civil action or8
proceeding, a subpoena may be issued to command a person to testify at a9
trial or deposition. The term trial in reference to a subpoena includes a10
hearing at which testimony may be taken. 11
(2) The clerk or a judge of the court in which the action or12
proceeding is pending shall issue a trial subpoena upon the request of a13
party. An attorney, as an officer of the court, may issue and sign a14
trial subpoena on behalf of the court if the attorney is authorized to15
practice in the court. An attorney who issues a subpoena must file a copy16
of the subpoena with the court on the day the subpoena is issued.17
(3) A person before whom a deposition may be taken may issue a18
deposition subpoena on behalf of the court in which the action or19
proceeding is pending. An attorney, as an officer of the court, may issue20
and sign a deposition subpoena on behalf of the court if the attorney is21
authorized to practice in the court. 22
(4) A trial subpoena shall state the name of the court from which it23
is issued, the title of the action, and the case number and shall command24
each person to whom it is directed to appear and testify at the time and25
place specified in the subpoena. 26
(5) A deposition subpoena shall state the name of the court from27
which it is issued, the title of the action, and the case number and28
shall command each person to whom it is directed to appear and testify at29
the time specified in the subpoena. The subpoena shall also:30
(a) State the place if the deposition will be taken in-person;31
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(b) Include a link if the deposition will be taken by1
videoconferencing or state that a link will be provided to the person2
within a reasonable time before the deposition; or 3
(c) State the instructions for joining the telephone call if the4
deposition will be taken by telephone or state that the instructions will5
be provided to the person within a reasonable time before the deposition.6
(6) (5) Except as provided in subsection (7) (6) of this section, a7
trial subpoena that is issued in a civil action or proceeding (a) at the8
request of an agency of state government or (b) pursuant to section9
25-2304 shall contain the following statement: As a witness in [insert10
name of court], you are entitled to receive a witness fee in the amount11
of [insert amount from section 33-139] for each day that you are required12
to be in court and, if you live more than one mile from the courthouse,13
you are also entitled to receive mileage at the rate that state employees14
receive. Ask the lawyer or party who subpoenaed you or the clerk of the15
court for information about what you should do to receive the fees and16
mileage to which you are entitled. 17
(7) (6) A trial subpoena in a civil action or proceeding that18
commands testimony by an employee of the State of Nebraska or a political19
subdivision thereof or a privately employed security guard, under the20
circumstances described in section 33-139.01, shall contain the following21
statement: As a witness in [insert name of court], you are entitled to be22
compensated for your actual and necessary expenses if you are required to23
travel outside of your county of residence to testify. Ask the lawyer or24
party who subpoenaed you or the clerk of the court for information about25
what you should do to receive compensation, if any, to which you are26
entitled. 27
(8) (7) Any other trial subpoena in a civil action or proceeding28
shall contain the following statement: As a witness in [insert name of29
court], you are entitled to receive a witness fee in the amount of30
[insert amount from section 33-139] for each day that you are required to31
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be in court and, if you live more than one mile from the courthouse, you1
are also eligible to receive mileage at the rate that state employees2
receive. You should have received your witness fee for one day with this3
subpoena. Ask the lawyer or party who subpoenaed you or the clerk of the4
court for information about what you should do to receive the additional5
fees, if any, and mileage to which you are entitled.6
(9) (8) The Supreme Court may promulgate forms for subpoenas for use7
in civil and criminal actions and proceedings. Any such forms shall not8
be in conflict with the laws governing such matters.9
(10) (9) A subpoena may be served by a sheriff or constable. It may10
also be served by a person who is twenty-one years of age or older and11
who is not a party to the action or proceeding. 12
Sec. 3. Section 29-1901, Revised Statutes Cumulative Supplement,13
2024, is amended to read: 14
29-1901 (1) The statutes governing subpoenas in civil actions and15
proceedings shall also govern subpoenas in traffic and criminal cases,16
except that subsections (1), (3), and (4) of section 25-1228 shall not17
apply to those cases. The payment of compensation and mileage to18
witnesses in those cases shall be governed by section 29-1903.19
(2) A trial subpoena in a traffic and criminal case shall contain20
the statement specified in subsection (6) (5) of section 25-1223.21
Sec. 4. Original sections 25-331, 25-1223, and 29-1901, Revised22
Statutes Cumulative Supplement, 2024, are repealed.23
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