Chapter 27 — COURTS; RULES OF EVIDENCE
82 sections in this chapter.
Neb. Rev. Stat. § 27-513 Rule 513. Comment on or inference from claim of privilege improper; jury instruction.
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(1) The claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn therefrom. (2) In jury cases, proceedings shall be conducted, to the extent practicable, so as to facilitate…
Neb. Rev. Stat. § 27-601 Rule 601. General rule of competency.
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Every person is competent to be a witness except as otherwise provided in these rules.
Neb. Rev. Stat. § 27-602 Rule 602. Lack of personal knowledge; witness may not testify; evidence.
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A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that he has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness himself. This rule is subject to the p…
Neb. Rev. Stat. § 27-603 Rule 603. Oath or affirmation.
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Before testifying, every witness shall be required to declare that he will testify truthfully, by oath or affirmation administered in a form calculated to awaken his conscience and impress his mind with his duty to do so.
Neb. Rev. Stat. § 27-604 Rule 604. Interpreters.
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An interpreter is subject to the provisions of these rules relating to qualification as an expert and the administration of an oath or affirmation that he will make a true translation.
Neb. Rev. Stat. § 27-605 Rule 605. Competency of judge as witness.
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The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point.
Neb. Rev. Stat. § 27-606 Rule 606. Competency of juror as witness; at the trial; inquiry into the validity of verdict or indictment.
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(1) A member of the jury may not testify as a witness before that jury in the trial of the case in which he is sitting as a juror. If he is called so to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury. (2) Upon an inquiry int…
Neb. Rev. Stat. § 27-607 Rule 607. Who may impeach.
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The credibility of a witness may be attacked by any party, including the party calling him.
Neb. Rev. Stat. § 27-608 Rule 608. Evidence of character and conduct of witness; opinion and reputation evidence of character; specific instances of conduct; privilege against self-incrimination.
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(1) The credibility of a witness may be attacked or supported by evidence in the form of reputation or opinion, but subject to these limitations: (a) The evidence may refer only to character for truthfulness or untruthfulness, and (b) evidence of truthful character is admissible …
Neb. Rev. Stat. § 27-609 Rule 609. Impeachment by evidence of conviction of crime; general rule; time limit; effect of pardon, annulment, or equivalent procedure; juvenile adjudications; pendency of appeal.
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(1) For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross-examination, but only if the crime (a) was punishable by death or imprisonment in exce…
Neb. Rev. Stat. § 27-610 Rule 610. Religious beliefs or opinions.
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Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature his credibility is impaired or enhanced.
Neb. Rev. Stat. § 27-611 Rule 611. Mode and order of interrogation and presentation; control by judge; scope of cross-examination; leading questions.
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(1) The judge shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (a) make the interrogation and presentation effective for the ascertainment of the truth, (b) avoid needless consumption of time, and (c) protect wi…
Neb. Rev. Stat. § 27-612 Rule 612. Writing used to refresh memory; rights of adverse party; matters unrelated; preservation for appeal; orders.
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If a witness uses a writing to refresh his memory for the purpose of testifying, either before or while testifying, an adverse party is entitled to have it produced at the hearing, to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions wh…
Neb. Rev. Stat. § 27-613 Rule 613. Prior statements of witnesses; examining witness concerning prior statement; extrinsic evidence of prior inconsistent statement by witness.
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(1) In examining a witness concerning a prior statement made by him, whether written or not, the statement need not be shown or its contents disclosed to him at that time, but on request the same shall be shown or disclosed to opposing counsel. (2) Extrinsic evidence of a prior i…
Neb. Rev. Stat. § 27-614 Rule 614. Calling and interrogation of witnesses by judge; objections.
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(1) The judge may, on his own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called. (2) The judge may interrogate witnesses, whether called by himself or by a party. (3) Objections to the calling of witnesses …
Neb. Rev. Stat. § 27-615 Rule 615. Exclusion of witnesses; exceptions.
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At the request of a party the judge shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and he may make the order on his own motion. This rule does not authorize exclusion of (1) a party who is a natural person, or (2) an officer or employee …
Neb. Rev. Stat. § 27-701 Rule 701. Opinion testimony by lay witnesses; when.
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If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness and (b) helpful to a clear understanding of his testimony or the determina…
Neb. Rev. Stat. § 27-702 Rule 702. Testimony by experts; when.
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If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opini…
Neb. Rev. Stat. § 27-703 Rule 703. Bases of opinion testimony by experts; when revealed; admissibility.
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The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the s…
Neb. Rev. Stat. § 27-704 Rule 704. Opinion on ultimate issue.
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Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.
Neb. Rev. Stat. § 27-705 Rule 705. Disclosure of facts or data underlying expert opinion.
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The expert may testify in terms of opinion or inference and give reasons therefor without prior disclosure of the underlying facts or data, unless the judge requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.
Neb. Rev. Stat. § 27-706 Rule 706. Judge appointed experts; procedure; compensation; disclosure of appointment; parties may call experts of own selection.
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(1) The judge may on his own motion or on the motion of any party enter an order to show why expert witnesses should not be appointed, and may request the parties to submit nominations. The judge may appoint any expert witnesses agreed upon by the parties, and may appoint witness…
Neb. Rev. Stat. § 27-707 Eyewitness identification and memory; expert witness; admissibility of testimony.
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The testimony of an expert witness regarding eyewitness identification and memory may be admitted in any criminal or civil proceeding pursuant to the rules governing admissibility of evidence set forth in the Nebraska Evidence Rules.
Neb. Rev. Stat. § 27-801 Rule 801. Definitions; statement, declarant, hearsay; statements which are not hearsay.
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The following definitions apply under this article: (1) A statement is (a) an oral or written assertion or (b) nonverbal conduct of a person, if it is intended by him or her as an assertion; (2) A declarant is a person who makes a statement; (3) Hearsay is a statement, other than…
Neb. Rev. Stat. § 27-802 Rule 802. Hearsay rule.
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Hearsay is not admissible except as provided by these rules, by other rules adopted by the statutes of the State of Nebraska, or by the discovery rules of the Supreme Court.
Neb. Rev. Stat. § 27-803 Rule 803. Hearsay exceptions; enumerated; availability of declarant immaterial.
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Subject to the provisions of section 27-403, the following are not excluded by the hearsay rule, even though the declarant is available as a witness: (1) A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it; (2) A …
Neb. Rev. Stat. § 27-804 Rule 804. Hearsay exceptions; enumerated; declarant unavailable; unavailability, defined.
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(1) Unavailability as a witness includes situations in which the declarant: (a) Is exempted by ruling of the judge on the ground of privilege from testifying concerning the subject matter of the declarant's statement; or (b) Persists in refusing to testify concerning the subject …
Neb. Rev. Stat. § 27-805 Rule 805. Hearsay within hearsay.
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Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided in these rules.
Neb. Rev. Stat. § 27-806 Rule 806. Attacking and supporting credibility of declarant; opportunity to explain; examine declarant.
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When a hearsay statement or a statement defined in subdivision (4)(b)(iii), (iv), or (v) of section 27-801 has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported by any evidence which would be admissible for those purpose…
Neb. Rev. Stat. § 27-901 Rule 901. Requirement of authentication or identification; general provision; illustrations and examples; enumerated.
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(1) The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. (2) By way of illustration only, and not by way of limitation, the …
Neb. Rev. Stat. § 27-902 Rule 902. Self-authentication; when.
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Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following: (1) A document bearing a seal purporting to be that of the United States, or of any state, district, commonwealth, territory, or insular possession thereof,…
Neb. Rev. Stat. § 27-903 Rule 903. Subscribing witness testimony; when necessary.
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The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.