25-1228 Subpoena; duty of witness; privilege as to fees and expenses; return. - Nebraska Statutes

25-1228. Subpoena; duty of witness; privilege as to fees and expenses; return.(1) Except as provided in subsection (2) of this section, a witness may demand his traveling fees, and fee for one day's attendance, when the subpoena is served upon him, and if the same be not paid the witness shall not be obliged to obey the subpoena. The fact of such demand and nonpayment shall be stated in the return.(2) When a subpoena is issued at the request of any agency of state government, the witness shall not be entitled to demand his traveling fees and fee for one day's attendance but shall be required to obey the subpoena if, at the time of service upon him, he is furnished a statement prepared by the agency advising him of the rate of travel fees allowable, the fee for each day's attendance pursuant to the subpoena, and that he will be paid at such rates following his attendance. SourceR.S.1867, Code § 355, p. 453; R.S.1913, § 7920; C.S.1922, § 8862; C.S.1929, § 20-1228; R.S.1943, § 25-1228; Laws 1976, LB 750, § 1. Cross ReferencesWitness fees, see section 33-139. AnnotationsSection is not applicable to criminal cases. Huckins v. State, 61 Neb. 871, 86 N.W. 485 (1901).