64-108 Summons; issuance, when authorized. - Nebraska Statutes

64-108. Summons; issuance, when authorized.Every notary public, when notice by a party to any civil suit pending in any court of this state upon any adverse party for the taking of any testimony of witnesses by deposition, or any commission to take testimony of witnesses to be preserved for use in any suit thereafter to be commenced, has been deposited with him or her, or when a special commission issued out of any court of any state or country without this state, together with notice for the taking of testimony by depositions or commissions, has been deposited with him or her, is empowered to issue summons and command the presence before him or her of witnesses. All sheriffs and constables in this state are required to serve and return all process issued by notaries public in the taking of testimony of witnesses by commission or deposition. SourceLaws 1869, § 7, p. 23; G.S.1873, p. 495; R.S.1913, § 5523; C.S.1922, § 4819; C.S.1929, § 64-107; R.S.1943, § 64-108; Laws 2005, LB 348, § 18. AnnotationsNotary public has right to issue order of commitment, finding witness in contempt for refusing to answer a proper question, and same rule applies to refusal to testify in a hearing before referee appointed by court. State v. Degele, 137 Neb. 810, 291 N.W. 554 (1940).Notary need not order witness to answer questions before committing for contempt where witness refuses to answer on ground of privilege and is asked if he is familiar with penalty for refusal to answer. Ehlers v. State, 133 Neb. 241, 274 N.W. 570 (1937).Section is constitutional, and notary may punish witness for contempt for refusing to give deposition. Olmsted v. Edson, 71 Neb. 17, 98 N.W. 415 (1904); Dogge v. State, 21 Neb. 272, 31 N.W. 929 (1887).Notary cannot punish persons for misdemeanors or misbehavior during taking of deposition. Courtnay v. Knox, 31 Neb. 652, 48 N.W. 763 (1891).This section authorizes a notary to issue a subpoena only after notice of deposition has been deposited with the reporter. Burke v. Harman, 6 Neb. App. 309, 574 N.W.2d 156 (1998).A witness may be compelled by process to appear before a notary and answer questions to depositions. Roschynialski v. Hale, 201 F. 1017 (D. Neb. 1913).