Section 442-4-009 - Subpoenas009.01 The Commission may issue subpoenas, and compel the attendance of witnesses and the production of any papers, books, accounts, documents, statistical analysis, and testimony. Neb. Rev. Stat. § 77-5016(2).009.02 Subpoenas may be enforced in the district courtsNeb. Rev. Stat. § 77-5011.
009.03 Failure of a witness to comply with the terms of a subpoena is a criminal offenseNeb. Rev. Stat. § 77-5016.08.
009.04 The Chairperson of the Commission may, on application of any person having a cause or any matter pending before the Commission, issue a subpoena for witnesses under the seal of the Commission inserting all the names required by the applicant in one subpoena.009.05 The subpoena of the Commission shall be directed to the person named therein, requiring him or her to attend at a particular time and place, to testify as a witness. The subpoena may contain a clause directing a witness to bring with him or her any book, writing, or other thing under his or her control, which he or she is bound by law to produce as evidence.009.06 When the attendance of a witness before any officer authorized to take depositions (i.e., a notary public) is required, then the subpoena shall be issued by such officer.009.07 The subpoena shall be served in the manner requested by the applicant; by either (1) personally serving a copy, or (2) by restricted or certified mail, return receipt requested, not less than six (6) days before the hearing or deposition which said witness is required to attend. The person making such service shall make a return thereof showing the manner of service. A subpoena may be served by any person not interested in the matter or by the sheriff. When served by any person other than a sheriff, proof of service shall be shown by affidavit, but no costs of serving shall be allowed, except when served by a sheriff.009.08 Witnesses cannot be compelled to attend a hearing out of the state where they are served or at a distance of more than one hundred miles from the place of their residence or from the place where they are served with a subpoena, unless within the same county. Witnesses shall not be obliged to attend a deposition outside the county of their residence or outside the county where the subpoena is served.009.09 Witness FeesThe Chairperson of the Commission may, upon deposit with the Commission of sufficient money to pay the legal fees and mileage and reasonable expenses for hotel and meals of a witness who attends at points so far removed from his or her residence as to make it reasonably necessary that such expenses be incurred, order a subpoena to issue requiring attendance at a hearing, but excluding a deposition appearance, of the witness from a greater distance within the state than that set forth in these Rules. Witness fees shall be determined in accordance with Neb. Rev. Stat. § 33-139. Mileage shall be computed at the rate provided for state employees by Nebraska State Law. The subpoena shall show that it was issued under the provisions of this rule. After the appearance of the witness in response to any such subpoena, the Chairperson of the Commission shall enter an order directing the payment to the witness from the deposit of legal fees, mileage, and the actual expenses for hotel and meals incurred by the witness. If the deposit is not adequate for such purpose, the Commission or hearing officer shall direct the party procuring the issuance of the subpoena to pay the deficiency to the witness. Costs may be recovered as provided for in these Rules. Legal fees, as that term is used in this subsection, do not include attorney fees.
009.10 Employees of the State of Nebraska or its political subdivisions are prohibited from receiving witness fees when the employee is called as a witness in connection with his or her officially assigned duties. Neb. Rev. Stat. § 33-139.01.009.11 When a subpoena is issued at the request of any agency of state government, the witness shall not be entitled to demand his or her traveling fees and fee for one day's attendance but shall be required to obey the subpoena if, at the time of service upon him or her, he or she is furnished a statement prepared by the agency advising him or her of the rate of travel fees allowable, the fee for each day's attendance pursuant to the subpoena, and that he or she will be paid at such rates following his or her attendance.009.12 Except as provided above a witness may demand his or her traveling fees and fee for one day's attendance when the subpoena is served upon him or her, and if the same is not paid the witness shall not be obliged to obey the subpoena. The fact of such demand and nonpayment shall be stated on the return.009.13 At the commencement of each day, after the first day, a witness may demand his or her fees for that day's attendance in obedience to a subpoena, and if the same is not paid he or she shall not be required to remain442 Neb. Admin. Code, ch. 4, § 009