§ 25-1230 — Subpoena; disobedience; attachment; undertaking; rule to show cause

When a witness fails to attend in obedience to a subpoena, except in case of a demand and failure to pay his or her fee, the court or officer before whom his or her attendance is required may issue an attachment to the sheriff or coroner of the county commanding him or her to arrest and bring the person therein named before the court or officer, at a time and place to be fixed in the attachment, to give his or her testimony and answer for the contempt. If the attachment is not for immediately bringing the witness before the court or officer, a sum may be fixed in which the witness may give an undertaking with surety for his or her appearance. Such sum shall be endorsed on the back of the attachment, and if no sum is so fixed and endorsed, it shall be one hundred dollars. If the witness is not personally served, the court may, by a rule, order him or her to show cause why attachment should not issue against him or her.

Legislative History

Source: R.S.1867, Code § 357, p. 453; R.S.1913, § 7922; C.S.1922, § 8864; C.S.1929, § 20-1230; R.S.1943, § 25-1230; Laws 1988, LB 1030, § 18. Annotations: Court upon own motion, or on oral request of prosecutor, may issue attachment. Hanika v. State, 87 Neb. 845, 128 N.W. 526 (1910). Power to punish for contempt is inherent in every court having common law jurisdiction. Kregel v. Bartling, 23 Neb. 848, 37 N.W. 668 (1888).