25-1231 Subpoena; disobedience; refusal to testify or sign deposition; punishment of witness for contempt. - Nebraska Statutes

25-1231. Subpoena; disobedience; refusal to testify or sign deposition; punishment of witness for contempt.The punishment for the contempt mentioned in section 25-1229 shall be as follows: When the witness fails to attend in obedience to the subpoena, except in case of a demand and failure to pay his fees, the court or officer may fine the witness in a sum not exceeding fifty dollars. In other cases, the court or officer may fine the witness in a sum not exceeding fifty dollars nor less than five dollars, or may imprison him in the county jail, there to remain until he shall submit to be sworn, to testify or give his deposition. The fine imposed by the court shall be paid into the county treasurer, and that imposed by the officer shall be for the use of the party for whom the witness was subpoenaed. The witness shall also be liable to the party injured for any damages occasioned by his failure to attend, or his refusal to be sworn, to testify or give his deposition. SourceR.S.1867, Code § 358, p. 453; R.S.1913, § 7923; C.S.1922, § 8865; C.S.1929, § 20-1231; R.S.1943, § 25-1231.AnnotationsNotary, on refusal of witness to obey subpoena, may impose fine; but may not commit for contempt. In re Butler, 76 Neb. 267, 107 N.W. 572 (1906).