25-1240. Testimony; how taken.
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/ne/chapter-25/25-1240A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The testimony of witnesses may be taken in four modes:
(1)By affidavit;
(2)by deposition;
(3)by oral examination; and
(4)by videotape of an examination conducted prior to the time of trial for use at trial in accordance with procedures provided by law.
An affidavit, as a method by which testimony of a witness may be taken, is competent evidence where authorized by statute or where not objected to on proper grounds by the party against whom it is offered. Paw K. v. Christian G., 315 Neb. 781, 1 N.W.3d 467 (2024).
A statement made in an unsworn letter is not testimony and cannot be used to support the theory that one has, without reasonable explanation, changed testimony to meet the exigencies of pending litigation. Timothy L. Ashford, PC LLO v. Roses, 313 Neb. 302, 984 N.W.2d 596 (2023).
“Testimony” for purposes of section 25-1116 encompasses evidence authorized as “testimony” under this section, that is, as live testimony at trial by oral examination or by some substitute for live testimony, including but not limited to, affidavit, deposition, or video recording of an examination conducted prior to the time of trial for use at trial. State v. Vandever, 287 Neb. 807, 844 N.W.2d 783 (2014).
A document subscribed and sworn to before a person not authorized by law to administer oaths is not an affidavit and is void as such. State v. Haase, 247 Neb. 817, 530 N.W.2d 617 (1995).
"Testimony" means oral evidence. Woolworth v. Parker, 57 Neb. 417, 77 N.W. 1090 (1899); Columbia Nat. Bank v. German Nat. Bank, 56 Neb. 803, 77 N.W. 346 (1898).
The unsupported assertions of attorneys during court proceedings do not establish the facts asserted unless the other appropriate parties stipulate to such facts. Schroeder v. Barnes, 5 Neb. App. 811, 565 N.W.2d 749 (1997).