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Committee weighs minor drafting fix and subpoena update to match remote-deposition rules
Summary
LB 983 would fix an omitted phrase in the impleader statute and update subpoena language to reflect that depositions may be taken by video or telephone; legal experts told the committee the change harmonizes statute and court rules and suggested including joining instructions for remote depositions.
Sen. Wendy DeBoer introduced LB 983 to correct language accidentally omitted from the impleader statute and to modernize subpoena statutes so they match the Supreme Court's 2024 discovery-rule changes allowing depositions by video conferencing or telephone.
Retired law professor John Lennonich told the committee the bill harmonizes statutes with amended court rules, recommended adding language requiring instructions for joining remote depositions, and said the change avoids ‘‘Band-Aid’’ approaches lawyers currently use when issuing remote-deposition subpoenas.
Senators asked practical questions about how a remote-deposition subpoena would convey joining instructions and whether links or instructions should be included in the statutory form; the professor and sponsor indicated the State Bar’s suggested language could be incorporated.
