In 1951, Nebraska adopted the principal parts of Rules 26 to 37 of the Federal Rules of Civil Procedure pertaining to depositions and discovery. These sections became Sections 25-1267.02 to 25-1267.44 of the Nebraska statutes. Section 25-1267.02 provides that the deponent may be examined regarding any matter not privileged which is relevant to the subject matter involved in the pending action. Also Sections 25-1267.38 and 25-1267.39, relating to written interrogatories and discovery of documents, are limited to discovery of matter not privileged.

I. The Physician-Patient Privilege

II. Purposes of the Discovery Statutes

III. Discovery before Trial by Judicial Methods … A. Implied Waiver of the Physician-Patient Privilege … B. Physical and Mental Examination … C. Physician-Patient Privilege in the Federal Courts … D. Physician as an Expert Witness: Attorney-Client Privilege

IV. Legislative Action Permitting Discovery before Trial … A. Amending the Privilege Statutes … B. Amending the Statutes on Discovery … C. Abolishment of the Physician-Patient Privilege