State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter25 > 25-1240

25-1240. Testimony; how taken.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. SourceR.S.1867, Code § 366, p. 454; R.S.1913, § 7932; C.S.1922, § 8874; C.S.1929, § 20-1240; R.S.1943, § 25-1240; Laws 1973, LB 504, § 2. AnnotationsA 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).