(1) A person confined in any prison in this state shall, by order of any court of record, be produced for oral examination in the county where he or she is imprisoned. In all other cases his or her examination must be by deposition. (2) In civil matters, the court shall notify the Department of Correctional Services of any production order, in which a confined person is the subject, at least fifteen days before the required production. The court shall allow the department to present evidence relating to public safety and security concerns associated with the production of the confined person prior to the required production date. The party who moved for the production order shall be allowed to respond. Based on evidence presented, the court may rescind its production order. If the confined person is produced pursuant to court order, the party who moved for the production order shall pay to the department the actual cost of security and transportation arrangements incurred by the department related to such production.
Neb. Rev. Stat. § 25-1233
Prisoner; examination; deposition; production order
Applied in 4 court decisions — leading case State v. Stott (1993)
Most recently applied in State v. Epp (April 2018)
R.S.1867, Code § 361, p. 454; R.S.1913, § 7925; C.S.1922, § 8867; C.S.1929, § 20-1233; R.S.1943, § 25-1233; Laws 1997, LB 94, § 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.