Chapter 27 — COURTS; RULES OF EVIDENCE
82 sections in this chapter.
Neb. Rev. Stat. § 27-1001 Rule 1001. Definitions; writings and recordings, photographs, original, and duplicate.
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For purposes of this article the following definitions are applicable: (1) Writings and recordings consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic r…
Neb. Rev. Stat. § 27-1002 Rule 1002. Requirement of original; exception.
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To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by Act of Congress or of the Legislature of the State of Nebraska or by other rules adopted by the Supreme Court…
Neb. Rev. Stat. § 27-1003 Rule 1003. Admissibility of duplicate; when.
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A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.
Neb. Rev. Stat. § 27-1004 Rule 1004. Admissibility of other evidence of contents; when.
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The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if: (1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or (2) No original can be obtained by any availab…
Neb. Rev. Stat. § 27-1005 Rule 1005. Public records; contents, how proved.
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The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with section 27-902 or testified to …
Neb. Rev. Stat. § 27-1006 Rule 1006. Voluminous writings, recordings, or photographs; summaries; availability; orders.
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The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other par…
Neb. Rev. Stat. § 27-1007 Rule 1007. Contents of writings, recordings, or photographs; how proved.
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Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by his written admission, without accounting for the nonproduction of the original.
Neb. Rev. Stat. § 27-1008 Rule 1008. Functions of judge and jury.
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When the admissibility of other evidence of contents of writings, recordings, or photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the judge to determine. However, when an iss…
Neb. Rev. Stat. § 27-101 Rule 101. Scope.
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These rules govern proceedings in the courts of the State of Nebraska, except to the extent and with the exceptions stated in section 27-1101.
Neb. Rev. Stat. § 27-102 Rule 102. Purpose and construction.
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These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
Neb. Rev. Stat. § 27-103 Rule 103. Rulings on evidence; effect of erroneous ruling; objection; offer of proof; record of offer and ruling; hearing of jury; plain error.
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(1) Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and: (a) In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of obj…
Neb. Rev. Stat. § 27-104 Rule 104. Preliminary questions; questions of admissibility, generally; relevancy conditioned on fact; hearing of jury; testimony by accused; weight and credibility.
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(1) Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the judge, subject to the provisions of subsection (2) of this section. (2) When the relevancy of evidence dep…
Neb. Rev. Stat. § 27-105 Rule 105. Limited admissibility.
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When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the judge, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
Neb. Rev. Stat. § 27-106 Rule 106. Remainder of or related writings or recorded statements; action of judge.
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(1) When part of an act, declaration, conversation or writing is given in evidence by one party, the whole on the same subject may be inquired into by the other. When a letter is read, all other letters on the same subject between the same parties may be given. When a detached ac…
Neb. Rev. Stat. § 27-1101 Rule 1101. Applicability of rules; courts; proceedings generally; rules inapplicable; grand jury, miscellaneous proceedings; rules applicable in part.
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(1) The Nebraska Evidence Rules apply to the following courts in the State of Nebraska: Supreme Court, Court of Appeals, district courts, county courts, and juvenile courts. The word judge when used in the rules shall mean any judge of any court to which the rules apply or other …
Neb. Rev. Stat. § 27-1102 Rule 1102. Act, when effective.
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These rules shall apply in all trials commenced after December 31, 1975.
Neb. Rev. Stat. § 27-1103 Rule 1103. Act, how cited.
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These rules may be known and cited as the Nebraska Evidence Rules.
Neb. Rev. Stat. § 27-1201 Unanticipated outcome of medical care; civil action; health care provider or employee; use of certain statements and conduct; limitations.
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(1) In any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to such civil action, any and all statements, affirmations, gestures, or conduct expressing apology, sympathy, commiseration, condolence, com…
Neb. Rev. Stat. § 27-1301 Evidence of child sexual abuse material; restrictions on care, custody, and control; Supreme Court; duties.
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(1) In any judicial or administrative proceeding, any property or material that constitutes child sexual abuse material as defined in section 28-1802 shall remain constantly and continuously in the care, custody, and control of law enforcement, the prosecuting attorney, or the co…
Neb. Rev. Stat. § 27-201 Rule 201. Judicial notice of adjudicative facts; kinds of facts; when discretionary; when mandatory; opportunity to be heard; time of taking notice; instructing jury.
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(1) This rule governs only judicial notice of adjudicative facts. (2) A judicially noticed fact must be one not subject to reasonable dispute in that it is either (a) generally known within the territorial jurisdiction of the trial court or (b) capable of accurate and ready deter…
Neb. Rev. Stat. § 27-301 Rule 301. Presumptions in general.
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In all cases not otherwise provided for by statute or by these rules a presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence.
Neb. Rev. Stat. § 27-302 Rule 302. Applicability of federal law in civil cases.
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In civil actions and proceedings, the effect of a presumption respecting a fact which is an element of a claim or defense as to which federal law supplies the rule of decision is determined in accordance with the federal law.
Neb. Rev. Stat. § 27-303 Rule 303. Presumptions in criminal cases; scope; submission to jury; instruction to jury.
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(1) Except as otherwise provided by statute, in criminal cases, presumptions against an accused, recognized at common law or created by statute, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt, are governed by this rule. (2) T…
Neb. Rev. Stat. § 27-401 Rule 401. Relevant evidence, defined.
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Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
Neb. Rev. Stat. § 27-402 Rule 402. Relevant evidence admissible; exceptions; irrelevant evidence inadmissible.
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All relevant evidence is admissible except as otherwise provided by the Constitution of the United States or the State of Nebraska, by Act of Congress or of the Legislature of the State of Nebraska, by these rules, or by other rules adopted by the Supreme Court of Nebraska which …
Neb. Rev. Stat. § 27-403 Rule 403. Exclusion of relevant evidence; reasons.
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Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
Neb. Rev. Stat. § 27-404 Rule 404. Character evidence; not admissible to prove conduct; exceptions; evidence of other crimes, wrongs, or acts; standard of proof; sexual assault; provisions applicable.
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(1) Evidence of a person's character or a trait of his or her character is not admissible for the purpose of proving that he or she acted in conformity therewith on a particular occasion, except: (a) Evidence of a pertinent trait of his or her character offered by an accused, or …
Neb. Rev. Stat. § 27-405 Rule 405. Method of proving character; reputation or opinion; specific instances of conduct.
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(1) In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct. (2…
Neb. Rev. Stat. § 27-406 Rule 406. Habit; routine practice; admissibility; method of proof.
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(1) Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the…
Neb. Rev. Stat. § 27-407 Rule 407. Subsequent remedial measures.
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When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This rule does not require the exclusio…
Neb. Rev. Stat. § 27-408 Rule 408. Compromise and offers to compromise.
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Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liabili…
Neb. Rev. Stat. § 27-409 Rule 409. Payment of medical and similar expenses.
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Evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury.
Neb. Rev. Stat. § 27-410 Rule 410. Guilty plea; nolo contendere; offered plea; withdrawn plea; inadmissible; exceptions.
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Evidence of a plea of guilty, later withdrawn, or a plea of nolo contendere, or of an offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in connection with any of the foregoing pleas or offers, is not admissible in any civil or…
Neb. Rev. Stat. § 27-411 Rule 411. Liability insurance.
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Evidence that a person was or was not insured against liability is not admissible upon the issue whether he acted negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as pro…
Neb. Rev. Stat. § 27-412 Sex offense cases; admissibility of evidence regarding the alleged victim.
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(1) The following evidence is not admissible in any civil or criminal proceeding involving alleged sexual misconduct except as provided in subsections (2) and (3) of this section: (a) Evidence offered to prove that any victim engaged in other sexual behavior or has been the victi…
Neb. Rev. Stat. § 27-413 Offense of sexual assault, defined.
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For purposes of sections 27-414 and 27-415, offense of sexual assault means: (1) Sexual assault under section 28-319 or 28-320; (2) Sexual abuse by a school worker under section 28-316.01; (3) Sexual assault of a child under section 28-319.01 or 28-320.01; (4) Sexual assault by u…
Neb. Rev. Stat. § 27-414 Criminal use; evidence of similar crimes in sexual assault cases.
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(1) In a criminal case in which the accused is accused of an offense of sexual assault, evidence of the accused's commission of another offense or offenses of sexual assault is admissible if there is clear and convincing evidence otherwise admissible under the Nebraska Evidence R…
Neb. Rev. Stat. § 27-415 Civil case; evidence of crimes in sexual assault cases.
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(1) In a civil case in which a claim for damages or other relief is predicated on a party's alleged commission of conduct constituting an offense of sexual assault, evidence of that party's commission of another offense or offenses of sexual assault is admissible if there is clea…
Neb. Rev. Stat. § 27-501 Rule 501. Privileges recognized only as provided.
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Except as otherwise required by the Constitution of the United States or the State of Nebraska or provided by Act of Congress, or the Legislature of the State of Nebraska, by these rules or by other rules adopted by the Supreme Court of Nebraska which are not in conflict with law…
Neb. Rev. Stat. § 27-502 Omitted.
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[Repealed or reserved.]
Neb. Rev. Stat. § 27-503 Rule 503. Lawyer-client privilege; definitions; general rule of privilege; who may claim privilege; exceptions to the privilege.
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(1) As used in this rule: (a) A client is a person, public officer, or corporation, association, or other organization or entity, either public or private, who is rendered professional legal services by a lawyer, or who consults a lawyer with a view to obtaining professional lega…
Neb. Rev. Stat. § 27-504 Rule 504. Physician-patient privilege; professional counselor-client privilege; definitions; general rule of privilege; who may claim privilege; exceptions to the privilege.
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(1) As used in this rule: (a) A patient is a person who consults or is examined or interviewed by a physician for purposes of diagnosis or treatment of his or her physical, mental, or emotional condition; (b) A physician is (i) a person authorized to practice medicine in any stat…
Neb. Rev. Stat. § 27-505 Rule 505. Husband-wife privilege; general rule of privilege; definitions; waiver; criminal cases; exceptions to the privilege.
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(1) Neither husband nor wife can be examined in any case as to any confidential communication made by one to the other while married, nor shall they after the marriage relation ceases be permitted to reveal in testimony any such communication while the marriage subsisted except a…
Neb. Rev. Stat. § 27-506 Rule 506. Communications to clergyman; definitions; general rule of privilege; who may claim privilege.
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(1) As used in this rule: (a) A clergyman is a minister, priest, rabbi, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting him; and (b) A communication is confidential if made privately and not intended…
Neb. Rev. Stat. § 27-507 Rule 507. Political vote; privilege.
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Every person has a privilege to refuse to disclose the tenor of his vote at a political election conducted by secret ballot unless the vote was cast illegally.
Neb. Rev. Stat. § 27-508 Rule 508. Trade secrets; privilege; protective measures.
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A person has a privilege, which may be claimed by him or his agent or employee, to refuse to disclose and to prevent other persons from disclosing a trade secret owned by him, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice. When discl…
Neb. Rev. Stat. § 27-509 Rule 509. Secrets of state and other official information; general rule of privilege; who may claim privilege; procedure; effect of sustaining claim.
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(1) The government has a privilege to refuse to give evidence and to prevent any public officer from giving evidence as to communications made by or to such public officer in official confidence when the public interest would suffer by the disclosure. (2) The privilege may be cla…
Neb. Rev. Stat. § 27-510 Rule 510. Identity of informer; rule of privilege; who may claim; exceptions; informer appearing as a witness; procedure; orders; legality of obtaining evidence.
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(1) The government or a state or subdivision thereof has a privilege to refuse to disclose the identity of a person who has furnished information relating to or assisting in an investigation of a possible violation of law to a law enforcement officer or member of a legislative co…
Neb. Rev. Stat. § 27-511 Rule 511. Waiver of privilege by voluntary disclosure.
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A person upon whom these rules confer a privilege against disclosure of a confidential matter or communication waives the privilege if he or his predecessor, while holder of the privilege, voluntarily discloses or consents to disclosure of any significant part of the matter or co…
Neb. Rev. Stat. § 27-512 Rule 512. Privileged matter disclosed under compulsion or without opportunity to claim privilege.
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Evidence of a statement or other disclosure of privileged matter is not admissible against the holder of the privilege if the disclosure was (1) compelled erroneously or (2) made without opportunity to claim the privilege.