Under § 6-330(A), based on the Uniform Interstate Depositions and Discovery Act, a subpoena is submitted in the county where discovery occurs, its clerk issues it, and it requires no local attorney. Served 123 LLC handles the steps to domesticate a subpoena in Nebraska.
What to Send Us
Every Nebraska Order Includes
Skip tracing is available if the address turns out to be bad.
Every Nebraska County
Nebraska has 93 counties and a district court clerk in each, and the clerk’s fee is in your quote. Not sure of the county? The county finder works from the witness’s town, and the directory below it prints each clerk’s address from the court’s own list.
Documents Subpoena
A records-only subpoena goes through the same clerk and must be served no less than 14 days before production, with a copy to the other parties on that same clock, and a health care provider covered by the federal privacy rule has its own notice steps too. Mention it under Special Instructions so the quote fits the job.
Nebraska Subpoena Domestication Order
Our quote covers document preparation, the clerk’s fee and service if ordered.
Nebraska’s request carries certifications the signer must make, and its e-filing mandate binds Nebraska attorneys. Here is who does what.
We prepare the request and attachments, and the requesting attorney or self-represented party signs and makes the certifications.
The clerk in the discovery county issues the Nebraska subpoena, and we handle that step with the clerk’s office.
Our server handles delivery when you order service, and we advance any tender owed on your quote.
Our server signs a return by affidavit stating who was served, when and how, and we handle getting it back to you.
Section 6-334(A)(e)(1)(A): “The objection must be in writing and served within 14 days after the subpoena was served.” Enter the service date of a documents or entry subpoena and this counts the 14 days the way § 25-2221 does.
For a Nebraska subpoena, § 6-334(A)(e)(2) sets a separate limit for a motion to quash; the rules do not say whether it carries over to a § 6-330(A)(f) motion. If a date is close, ask counsel.
A planning aid, not legal advice: it cannot know holidays declared later, a closure ordered by the Chief Justice, or a court order setting another time.
These are the words of § 6-330(A), the Nebraska Supreme Court’s rule modeled on the uniform act (UIDDA), on where the request goes, who issues the subpoena, what it holds, how it is served and where a motion goes.
To request issuance of a subpoena under this rule, a party must submit to the clerk of the district court for the county in which discovery is sought to be conducted a Request for the Issuance of a Nebraska Subpoena for a Proceeding in a Foreign Jurisdiction. The content of the request must be substantially the same as the content of the form in the Appendix to this rule, and must include the name and address of the person on which the subpoena will be served, and the method of service provided by Neb. Rev. Stat. §§ 25-1223(9), 25-1226(1), and/or 25-1228(2).
The party must attach to the request (1) a foreign subpoena for each person to be served and (2) a list of the names, addresses, telephone numbers, and email addresses of all counsel of record and self-represented parties in the proceeding to which the subpoena relates.
When a party submits a foreign subpoena to a clerk of a district court in this state, the clerk, in accordance with the district court’s procedure, must promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
A subpoena issued under this rule must: (1) include as an attachment a copy of the list required by this subsection; (2) accurately incorporate the time, place, and method of the discovery requested in the foreign subpoena; and (3) if the subpoena commands the person to produce designated documents, electronically stored information, or tangible things, the subpoena must either accurately incorporate the commands from the foreign subpoena or attach the foreign subpoena and state that the person must produce the documents, information, or things designated in the attached foreign subpoena.
Served 123 LLC prepares the request and the counsel list for your side to sign.
Get a Free Quote Online →A deposition subpoena issued by a clerk of court under this rule must be served in compliance with Neb. Rev. Stat. § 25-1226(1) and the return made in compliance with § 25-1228(1). A subpoena for discovery from a nonparty without a deposition must be served and the return must be made in compliance with Rule 34(A)(d)(5)-(6).
The statutes and rules of this state, including the Nebraska Court Rules of Discovery in Civil Cases, apply to subpoenas issued and discovery conducted pursuant to this rule.
A motion for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under this rule must comply with the statutes and rules of this state and must be filed as a civil action in the district court for the county in which the discovery is to be conducted. Such a motion may be filed or opposed only by an attorney admitted to practice in this state or by a self-represented individual.
No reported Nebraska appellate decision has yet interpreted § 6-330(A). Until one does, the rule’s text and its comments are the guide, and the rule’s Comment [6] says Nebraska law applies to the discovery.
Official texts: § 6-330(A), § 6-334(A), § 25-1223, § 25-1226, § 25-1227, § 25-1228, § 25-1237, § 25-2221, § 33-139, § 6-330, § 25-1273, § 27-504, § 27-902(11), Dist. 3 Rule 3-5, Dist. 4 Rule 4-2, 45 C.F.R. 164.512. General information, not legal advice. The official text controls.
Send us the foreign subpoena and we handle the clerk step with the discovery county.
Get a Free Quote Online →Once issued, the Nebraska subpoena is served under Nebraska’s statutes, as § 6-330(A)(c) requires. For a summons or other court papers, see process service in Nebraska.
Section 25-1223(9) allows a sheriff or constable, or “a person who is twenty-one years of age or older and who is not a party to the action or proceeding”. The request names who serves. If it names the county sheriff, the form says it is the requester’s responsibility to contact that office about the service fee.
§ 25-1223(9); § 6-330(A)(b)Personal service is “leaving the subpoena with the person to be served”. Certified mail needs a return receipt requested “showing to whom and where delivered and the date of delivery”. Section 6-330(A)(c) applies § 25-1226(1) to a deposition subpoena, and § 6-334(A)(d)(5) adopts the same manner for a documents subpoena.
§ 25-1226(1); §§ 6-330(A)(c), 6-334(A)(d)(5)Section 25-1228(1) says the fee for one day’s attendance “must be served with a trial subpoena”. It does not mention a deposition subpoena, though § 6-330(A)(c) points deposition returns to that subsection, and the texts leave the question there. We advance any tender owed on your quote.
§ 25-1228(1); § 6-330(A)(c)The return states the person served, the date and method of service and, if applicable, that the required witness fee went with it. It “must be by affidavit unless the subpoena was served by a sheriff or constable”, and a certified-mail return attaches the signed receipt. Section 25-1228(2) does not say where the return is filed.
§ 25-1228(2); § 6-330(A)(c)Section 33-139 gives district court witnesses “twenty dollars” a day, plus mileage at the § 81-1176 rate for one living more than a mile from the court. The court schedule prints mileage at 76 cents a mile, effective July 7, 2026. The statute’s words speak of attendance on the court; ask counsel what a deposition witness is owed.
§ 33-139; Fee ScheduleSection 25-1227(1) reads: “Witnesses in civil cases shall not be obliged to attend a deposition outside the county of their residence or outside the county where the subpoena is served.” Section 6-330(A)(d) carries Nebraska’s statutes to the discovery, so set the deposition place with that sentence in view.
§ 25-1227(1); § 6-330(A)(d)Your side serves these notices. A deposition takes “reasonable written notice to every other party”. A documents subpoena goes to the other parties no less than 14 days before production. Section 6-334(A)(b)(1) also sets notice “at least 14 days before issuance”, and § 6-330(A) does not say whether that runs before a foreign subpoena issues. The subpoena then names each party given notice and the date.
§ 6-330(b)(1); § 6-334(A)(b)(1), (d)(2)(E), (d)(6)Subdivision (f) sends a motion to enforce, quash or modify to the district court of the discovery county, “filed as a civil action”, and it “may be filed or opposed only by an attorney admitted to practice in this state or by a self-represented individual”. Section 6-334(A)(e)(2) says “the court where the action is pending” and sets the earlier of compliance or 14 days; the rules do not say how the two fit.
§ 6-330(A)(f); § 6-334(A)(e)(2)Order service with the domestication and one server carries it from the clerk’s subpoena to the sworn return.
Get a Free Quote Online →A documents subpoena takes the same clerk route, then its own 14-day clocks under § 6-334(A). For health care records, Nebraska’s statutes and privilege come first, and the federal rule at 45 C.F.R. 164.512(e) sits on top.
A documents subpoena must reach the person “no less than 14 days before the time specified for production or entry”, served by anyone § 25-1223(9) allows. A copy goes to the other parties on the same 14-day clock.
§ 6-334(A)(d)(5)–(6)The subpoena may offer inspection or copies by the stated date. With that option the person “may condition preparation of the copies on advance payment of the reasonable cost of preparing the copies”.
§ 6-334(A)(a)(2)The person served may object in writing “within 14 days after the subpoena was served”, stating the grounds with specificity. A ground left out is waived unless it rests on privilege or work product or the court excuses it for good cause. The objected-to items need not be produced, and entry need not be allowed, unless a court orders otherwise.
§ 6-334(A)(e)(1)Section 25-1273 bars discovery by subpoena “if the information is protected by statute or if that procedure conflicts with any other statute”. Sections 6-330(A) and 6-334(A) add no patient-notice step of their own, so protected records turn on those other statutes and the federal rule.
§ 25-1273Section 27-504(2)(a) gives a patient “a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications” made for diagnosis or treatment. Under § 27-504(4)(c) it falls away where the patient relies on the condition in a claim or defense.
§ 27-504Section 27-902(11) lets a domestic business record come in on “a certification of the custodian or another qualified person”, on reasonable written notice before the trial or hearing. It governs Nebraska proceedings, so check what the court hearing your case accepts.
§ 27-902(11)Under 45 C.F.R. 164.512(e)(1)(i), a court order permits disclosure of what the order expressly authorizes. A subpoena without an order falls under (e)(1)(ii), which asks for satisfactory assurance from the party seeking the records of “reasonable efforts” at notice to the patient or at a qualified protective order.
45 C.F.R. 164.512(e)(1)(i)–(ii)The party must supply “a written statement and accompanying documentation demonstrating that” it made a good faith attempt at written notice to the patient, gave enough detail about the case to let the patient object, and let an objection period run with none filed or all of them resolved in line with the disclosure sought.
45 C.F.R. 164.512(e)(1)(ii)(A), (iii)This showing is that the parties agreed to a qualified protective order and presented it to the court, or that the party seeking the records requested one. Under (e)(1)(v) the order bars use outside the case and calls for return or destruction of the records at the end.
45 C.F.R. 164.512(e)(1)(ii)(B), (iv)–(v)Paragraph (e)(1)(vi) gives the provider a path of its own: it may disclose without those assurances if it makes reasonable efforts itself to give the notice (e)(1)(iii) describes or to seek a qualified protective order under (e)(1)(v) on its own.
45 C.F.R. 164.512(e)(1)(vi)Tell us early if the records are medical, so the production date leaves room for what the provider will ask.
Get a Free Quote Online →Each of these points comes from Nebraska’s court rules, their comments, or a Nebraska statute.
Before service, we check the papers we prepare and the service plan against the rule and raise anything that needs your input. A motion comes later, and it belongs to a Nebraska-admitted attorney or a self-represented individual.
Search or pick the county where the discovery will be conducted to see which clerk’s office issues the subpoena there, then start a quote; the directory below lists all 93 counties.
The Nebraska Judicial Branch District Court Contacts list each office under its county.
How Colorado, Iowa, Kansas, Missouri, South Dakota and Wyoming treat a foreign subpoena beside Nebraska’s § 6-330(A): the governing law, whether it requires a local attorney and who issues the subpoena, each from that state’s own text. “No” is the state’s own rule text alone; “Check” means confirm that state’s filing rules for an out-of-state requester.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Nebraska | Neb. Ct. R. § 6-330(A) (eff. Feb. 16, 2021, amended 2025) | No | Clerk of the district court, discovery county |
| Colorado | C.R.S. §§ 13-90.5-101 to 13-90.5-107 (L. 2008) | No | Clerk of the district court, discovery county |
| Iowa | Iowa R. Civ. P. 1.1702 (eff. Feb. 4, 2013) | No | County clerk (signed blank) or an Iowa attorney |
| Kansas | K.S.A. 60-228a (L. 2010, ch. 135) | Check | Clerk of the district court, discovery county |
| Missouri | Mo. Sup. Ct. R. 57.08 (no uniform act) | Check | Circuit court order on ex parte application |
| South Dakota | SDCL 15-6-28.1 to 15-6-28.6 (eff. July 1, 2012) | Check | Clerk of court, discovery county |
| Wyoming | W.R.C.P. 28(c) (2017, amended 2021) | Check | Clerk of the district court, discovery county |
Short answers on filing, service, witnesses and cost in Nebraska. For the wider picture, see our Subpoena Domestication FAQ. General information, not legal advice.
Under the rule, a party submits the request, a foreign subpoena for each person and the counsel list to the clerk of the district court where discovery will happen, and pays the fee. The clerk then issues a Nebraska subpoena for service. The route section shows who handles each step.
Yes in substance, though by court rule rather than statute. Comment [1] to Neb. Ct. R. § 6-330(A) says the rule is modeled on the uniform act, and it took effect February 16, 2021. Legislative authority sits in § 25-1237, which is why the rule section cites both sources.
The county in which discovery is sought to be conducted, under § 6-330(A)(b), not a county tied to the lawsuit itself, since the case sits in another state. The county finder names the county from a town or ZIP, and the directory below it lists each clerk’s address in all 93 counties.
Yes for issuance, according to Comment [4] to § 6-330(A), which speaks of a lawyer admitted in a foreign jurisdiction. That lawyer still signs the request and makes the admission certifications. Motions differ: subdivision (f) limits them to Nebraska-admitted attorneys and self-represented individuals, so plan for local counsel if a fight is likely.
Yes, through the Appendix form to § 6-330(A), which a request must track in substance. It names the person to be served and how service will happen, and the signer takes on the certifications. The rule text sets out each item, and Served 123 LLC drafts the request from your papers.
Your side signs the request and it goes in to the clerk; the only verb the rule uses for that is submit (§ 6-330(A)(b)), with no channel given. Nebraska’s e-filing rules bind Nebraska attorneys and reach non-attorneys only as those rules provide. The rule section sets out that gap, and we handle the clerk step once your side has signed the request.
Only a person at least 21 and not a party, because § 25-1223(9) otherwise allows just a sheriff or constable. A client is a party and cannot do it. When your order includes service, Served 123 LLC assigns a server who meets that test for the county, and the service card gives the statute’s words.
To whom and where it was delivered and the date, under § 25-1226(1). Certified mail works for deposition and documents subpoenas, since both use that section, and the signed receipt goes with the return. Tell us on the form if you want that method instead of personal delivery. The delivery card has the text.
No. Section 25-1223(9) also allows a constable or a nonparty at least 21, and the request form offers delivery to the requester for personal or certified mail service. Pick the sheriff and the service fee is yours to arrange with that office. The court cost taxable for a private server is capped at the sheriff’s fee by § 25-1228(3), and the service card has the rest.
Yes. Under § 25-1228(2), proof takes an affidavit unless a sheriff or constable served the subpoena, so a private server’s word alone will not do. Served 123 LLC prepares that sworn return for our server to sign and sends it to you, and the return card gives the detail.
At least 14 days between service and the production date under § 6-334(A)(d)(5), with the same period for the copy to the other parties. Build in a margin for the clerk step before service, and read the notice card on a second 14-day point before issuance, which counsel should settle before fixing a date.
The figure in § 33-139 is “twenty dollars” for each day, and mileage applies when the witness lives more than a mile away. Whether either must travel with a deposition subpoena is the open point on the tender card. Tell us the attendance planned and any amount owed goes on your quote.
Within the county limit that § 25-1227(1) sets, which the attendance card quotes. Choosing the place is your side’s call, and § 6-330(A)(b) has the Nebraska subpoena carry the foreign time, place and method, so settle it before the request goes in.
Timing and specific grounds: § 6-334(A)(e)(1) wants the reasons spelled out, and it must land inside the period the calculator counts. The serving party may then move for an order compelling production, and the items wait until a court says otherwise.
The district court of the discovery county hears it as a civil action, and only a Nebraska attorney or a self-represented person may file or oppose it (see the motion card). Under § 6-334(A)(e)(2), the court must grant the motion if the subpoena “fails to allow a reasonable time for compliance”, reaches “privileged or other protected matter” with no exception or waiver, or “subjects the person to undue burden”.
Nebraska’s, according to Comment [6] to § 6-330(A), and subdivision (d) applies its statutes and discovery rules, which is why the county limit binds a case elsewhere. Comment [7] notes that a motion touching only the parties can still be made in the foreign jurisdiction, and one to bar a deposition on grounds of relevance “should be made and ruled on before the deposition subpoena is ever presented”.
Our all-in written quote states one figure before any work begins. It takes in the papers we prepare, the per-subpoena fee § 6-330(A)(b) sets and any service you order. Send the foreign subpoena through the form and your written quote comes back with the clerk’s fee built in; the rule cards show the fee.
No. Under § 6-330(A)(b), the clerk must promptly issue the subpoena, in accordance with the district court’s procedure, and the rule names no number of days for that step. Give us your deadline on the quote form, along with any production or deposition date in the foreign subpoena, and read the rule text for the rest.
A second clerk’s fee of the same amount is owed if the clerk has to re-issue, under § 6-330(A)(b), so a moved date carries a real cost. Check the date with all counsel and the witness first, because the new subpoena has to match the foreign one on time and place, as the rule text on contents shows.
Not by any words in the rule. Issuance is charged per subpoena issued, and subdivision (f) calls a later motion a civil action without naming a fee. Ask the Nebraska attorney on the motion what that clerk will charge; the court schedule lists a civil filing total. The motion card says who may bring it.
One written quote covers document preparation, the clerk’s fee and service, when you order service.
