25-1233. Prisoner; examination; deposition; production order.

348 words·~2 min read·/ne/chapter-25/25-1233

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

The accused in a criminal prosecution has a right to compulsory process to compel the attendance of witnesses in his behalf; however, a criminal defendant does not possess an absolute constitutional right to demand the personal attendance of a prisoner witness incarcerated outside the county of the venue of trial. As a result, this section does not violate the compulsory process clauses of the U.S. and Nebraska Constitutions. State v. Stott, 243 Neb. 967, 503 N.W.2d 822 (1993).

Deposition of a person confined in a penal institution may be taken by the defendant in a criminal action. Rains v. State, 173 Neb. 586, 114 N.W.2d 399 (1962).

Question of whether inmate of penitentiary should be produced for oral examination raised but not decided. Garcia v. State, 159 Neb. 571, 68 N.W.2d 151 (1955).

Section 25-1708 provides no basis for taxing to a defendant in a civil action the costs of transporting a plaintiff who is an incarcerated person and who must be transported pursuant to this section. Jacob v. Schlichtman, 16 Neb. App. 783, 753 N.W.2d 361 (2008).