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743 sections in this chapter.
Neb. Rev. Stat. § 29-2004 Jury; how drawn and selected; alternate jurors.
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(1) All parties may stipulate that the jury may be selected up to thirty-one days prior to the date of trial. The stipulation must be unanimous among all parties and evidenced by a joint stipulation to the county court. (2) In all cases, except as may be otherwise expressly provi…
Neb. Rev. Stat. § 29-2005 Peremptory challenges.
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Except as otherwise provided in section 29-2004 for peremptory challenges to alternate jurors: (1) Every person arraigned for any crime punishable with death, or imprisonment for life, shall be admitted on his or her trial to a peremptory challenge of twelve jurors, and no more; …
Neb. Rev. Stat. § 29-2006 Challenges for cause.
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The following shall be good causes for challenge to any person called as a juror or alternate juror, on the trial of any indictment: (1) That he was a member of the grand jury which found the indictment; (2) that he has formed or expressed an opinion as to the guilt or innocence …
Neb. Rev. Stat. § 29-2007 Challenges for cause; how tried.
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All challenges for cause shall be tried by the court, on the oath of the person challenged, or on other evidence, and such challenge shall be made before the jury is sworn, and not afterward.
Neb. Rev. Stat. § 29-2008 Defendants tried together; number of peremptory challenges allowed.
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If two or more persons be put on trial at the same time, each must be allowed his separate peremptory challenge, and in such cases the attorney prosecuting on behalf of the state shall be allowed such peremptory challenges for each of such defendants as are allowed by law.
Neb. Rev. Stat. § 29-2009 Jurors; oath; form.
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When all challenges have been made, the following oath shall be administered: You shall well and truly try, and true deliverance make, between the State of Nebraska and the prisoner at the bar (giving his name), so help you God.
Neb. Rev. Stat. § 29-201 County judges as magistrates; jurisdiction.
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All county judges in this state shall have the same and equal powers of jurisdiction in all matters relating to the enforcement of the criminal laws of the state, except as otherwise expressly provided, and the jurisdiction of all such officers as magistrates, for the discharge o…
Neb. Rev. Stat. § 29-2010 Juror; affirmation; form.
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Any juror shall be allowed to make affirmation, and the words this you do as you shall answer under the pains and penalties of perjury shall be substituted instead of the words so help you God.
Neb. Rev. Stat. § 29-2011 Jurors; permitted to take notes; use; destruction.
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Jurors shall be permitted, but not required, to take notes. The notes may be used during the jury's deliberations and shall be treated as confidential between the juror making them and the other jurors. The trial judge shall ensure the confidentiality of the notes during the cour…
Neb. Rev. Stat. § 29-2011.02 Witnesses; refusal to testify or provide information; court order for testimony or information; limitation on use.
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Whenever a witness refuses, on the basis of the privilege against self-incrimination, to testify or to provide other information in a criminal proceeding or investigation before a court, a grand jury, the Auditor of Public Accounts, the Legislative Council, the Legislative Oversi…
Neb. Rev. Stat. § 29-2011.03 Order for testimony or information of witness; request; when.
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The county attorney, other prosecuting attorney, Auditor of Public Accounts, chairperson of the Executive Board of the Legislative Council, chairperson of the Legislative Oversight Committee, or chairperson of a standing committee or a special legislative investigative or oversig…
Neb. Rev. Stat. § 29-2012 Joint defendants; discharge of one or more; when authorized; effect.
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When two or more persons shall be indicted together, the court may, at any time before the defendant has gone into his defense, direct any one of the defendants to be discharged that he may be a witness for the state. An accused may, also, when there is not sufficient evidence to…
Neb. Rev. Stat. § 29-2014 Conspiracy; overt acts; allegations required; proof.
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In trials for conspiracy, in cases where an overt act is required by law to consummate the offense, no conviction shall be had unless one or more overt acts be expressly alleged in the indictment, nor unless one or more of the acts so alleged be proved on trial; but other overt a…
Neb. Rev. Stat. § 29-2016 Trial; order of procedure.
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After the jury has been impaneled and sworn, the trial shall proceed in the following order: (1) The counsel for the state must state the case of the prosecution and may briefly state the evidence by which he expects to sustain it; (2) the defendant or his counsel must then state…
Neb. Rev. Stat. § 29-2017 Jury; view place of occurrence of material fact; restrictions.
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Whenever in the opinion of the court it is proper for the jury to have a view of the place in which any material fact occurred, it may order them to be conducted in a body, under charge of the bailiff, to the place which shall be shown to them by the bailiff, an individual appoin…
Neb. Rev. Stat. § 29-2018 Mistake in charging offense; prior to verdict; procedure.
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When it shall appear at any time before the verdict that a mistake has been made in charging the proper offense, the accused shall not be discharged if there appears to be good cause to detain him in custody; but the court must recognize him to answer to the offense on the first …
Neb. Rev. Stat. § 29-2019 Mistake in charging offense; jury; discharge prior to verdict.
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When a jury has been impaneled in a case contemplated by section 29-2018, such jury may be discharged without prejudice to the prosecution.
Neb. Rev. Stat. § 29-2020 Bill of exceptions by defendant; request; procedure; exception in capital cases.
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Except as provided in section 29-2525 for cases when the punishment is capital, in all criminal cases when a defendant feels aggrieved by any opinion or decision of the court, he or she may order a bill of exceptions. The ordering, preparing, signing, filing, correcting, and amen…
Neb. Rev. Stat. § 29-2022 Jury; conduct after submission.
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When a case is finally submitted to the jury, they must be kept together in some convenient place, under the charge of an officer, until they agree upon a verdict or are discharged by the court. The officer having them in charge shall not suffer any communication to be made to th…
Neb. Rev. Stat. § 29-2023 Jury; discharged before verdict; effect; record.
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In case a jury is discharged on account of sickness of a juror, or other accident or calamity requiring their discharge, or after they have been kept so long together that there is no probability of agreeing, the court shall, upon directing the discharge, order that the reasons f…
Neb. Rev. Stat. § 29-2024 Verdict; poll.
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When the jury have agreed upon their verdict they must be conducted into court by the officer having them in charge. Before the verdict is accepted the jury may be polled at the request of either the prosecuting attorney or the defendant.
Neb. Rev. Stat. § 29-2025 Lesser included offense; attempt to commit; form of verdict.
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Upon an indictment for an offense consisting of different degrees the jury may find the defendant not guilty of the degree charged, and guilty of any degree inferior thereto; and upon an indictment for any offense the jury may find the defendant not guilty of the offense but guil…
Neb. Rev. Stat. § 29-2026.01 Verdict; finding of value of property; when required.
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When the indictment charges an offense against the property of another by larceny, embezzlement or obtaining under false pretenses, the jury, on conviction, shall ascertain and declare in its verdict the value of the property stolen, embezzled, or falsely obtained.
Neb. Rev. Stat. § 29-2027 Verdict in trials for murder; conviction by confession; sentencing procedure.
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In all trials for murder the jury before whom such trial is had, if they find the prisoner guilty thereof, shall ascertain in their verdict whether it is murder in the first or second degree or manslaughter; and if such person is convicted by confession in open court, the court s…
Neb. Rev. Stat. § 29-2028 Sexual assault; testimony; corroboration not required.
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The testimony of a person who is a victim of a sexual assault as defined in sections 28-319 to 28-320.01 shall not require corroboration.
Neb. Rev. Stat. § 29-203 District judges and county judges; conservators of the peace; jurisdiction.
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The judges of the district courts in their respective districts, and the magistrates mentioned in section 29-201 in their respective counties, shall jointly and severally be conservators of the peace within their respective jurisdictions, and shall have full power to enforce or c…
Neb. Rev. Stat. § 29-205 Fugitive; apprehension and arrest.
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If any person or persons who may be charged with the commission of a crime or offense made punishable by the laws of this state shall abscond or remove from the county in which such crime or offense is charged to have been committed, it shall be lawful for any sheriff or other pe…
Neb. Rev. Stat. § 29-208 Criminal identification; agents; power of Governor to appoint.
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The Governor is hereby authorized to appoint such agents as may be necessary for carrying out the provisions of sections 29-208 to 29-210.
Neb. Rev. Stat. § 29-209 Criminal identification; fingerprints and descriptions; duties of law enforcement officers and agencies.
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It is hereby made the duty of the sheriffs of the several counties of the State of Nebraska, the chiefs of police of incorporated cities therein, marshals of incorporated cities and towns therein, and agencies of state government having powers of arrest to furnish the Nebraska St…
Neb. Rev. Stat. § 29-210 Criminal identification and information; Nebraska State Patrol; duties.
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The Nebraska State Patrol is hereby authorized (1) to keep a complete record of all reports filed of all personal property stolen, lost, found, pledged or pawned, in any city or county of this state; (2) to provide for the installation of a proper system and file, and cause to be…
Neb. Rev. Stat. § 29-2101 New trial; grounds.
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A new trial, after a verdict of conviction, may be granted, on the application of the defendant, for any of the following grounds affecting materially his or her substantial rights: (1) Irregularity in the proceedings of the court, of the prosecuting attorney, or of the witnesses…
Neb. Rev. Stat. § 29-2102 New trial; affidavits; when required; motion; hearing.
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(1) The grounds set forth in subdivisions (2), (3), and (6) of section 29-2101 shall be supported by affidavits showing the truth of such grounds, and the grounds may be controverted by affidavits. The ground set forth in subdivision (5) of section 29-2101 shall be supported by e…
Neb. Rev. Stat. § 29-2103 New trial; motion; how and when made.
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(1) A motion for new trial shall be made by written application and may be filed either during or after the term of the court at which the verdict was rendered. (2) A motion for a new trial shall state the grounds under section 29-2101 which are the basis for the motion and shall…
Neb. Rev. Stat. § 29-2104 Arrest of judgment; grounds.
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A motion in arrest of judgment may be granted by the court for either of the following causes: (1) That the grand jury which found the indictment had no legal authority to inquire into the offense charged, by reason of it not being within the jurisdiction of the court; or (2) tha…
Neb. Rev. Stat. § 29-2105 Arrest of judgment; defect of form insufficient.
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No judgment can be arrested for a defect of form.
Neb. Rev. Stat. § 29-2106 Arrest of judgment; effect.
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The effect of allowing a motion in arrest of judgment shall be to place the defendant in the same position with respect to the prosecution as before the indictment was found. If, from the evidence on the trial, there shall be sufficient reason to believe him guilty of an offense,…
Neb. Rev. Stat. § 29-211 Motor vehicle pursuit; law enforcement agency; adopt policy; contents; training.
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(1) Each law enforcement agency within the State of Nebraska shall adopt and implement a written policy regarding the pursuit of motor vehicles. Such policy shall contain at least the following elements: (a) Standards which describe when a pursuit may be initiated, taking into co…
Neb. Rev. Stat. § 29-212 Missing Persons Information Clearinghouse; terms, defined.
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For purposes of sections 29-212 to 29-214.01, unless the context otherwise requires: (1) Missing person means a person who has been reported as missing to a law enforcement agency; and (2) Missing Persons Information Clearinghouse means the repository established within the Nebra…
Neb. Rev. Stat. § 29-213 Missing Persons Information Clearinghouse; missing person report; law enforcement agency; duties.
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When a report of a missing person has been received by a law enforcement agency having jurisdiction, the agency shall notify: (1) On-duty personnel of the agency, as soon as practicable, through internal means and over the appropriate police radio network; (2) All law enforcement…
Neb. Rev. Stat. § 29-214 Missing Persons Information Clearinghouse; missing person report; unemancipated minor; law enforcement agency; duties.
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(1) If a report of a missing person involves an unemancipated minor, the law enforcement agency shall immediately transmit the proper information for inclusion in the National Crime Information Center computer and the Missing Persons Information Clearinghouse. (2) If a report of …
Neb. Rev. Stat. § 29-214.01 Missing Persons Information Clearinghouse; Nebraska State Patrol; powers and duties.
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(1) The Missing Persons Information Clearinghouse is established within the Nebraska State Patrol. The Nebraska State Patrol shall provide for the administration of the clearinghouse and may adopt and promulgate rules and regulations to carry out the provisions of this section. (…
Neb. Rev. Stat. § 29-215 Law enforcement officers; jurisdiction; powers; contracts authorized.
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(1) A law enforcement officer has the power and authority to enforce the laws of this state and of the political subdivision which employs the law enforcement officer or otherwise perform the functions of that office anywhere within his or her primary jurisdiction. (2) Any law en…
Neb. Rev. Stat. § 29-216 Victim of sex offense; law enforcement officer, prosecuting officer, or government official; prohibited acts.
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(1) No law enforcement officer, prosecuting officer, or other government official shall ask or require an adult, youth, or child victim of a sex offense as defined under federal, tribal, state, territorial, or local law to submit to a polygraph examination or other truth-telling …
Neb. Rev. Stat. § 29-217 Victim of certain criminal activity; visa; request for assistance; certifying agency or official; powers and duties.
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(1) For purposes of this section: (a) Certifying agency means a state or local law enforcement agency, prosecutor, or other authority that has responsibility for the investigation or prosecution of qualifying criminal activity, as described in 8 C.F.R. 214.14(a)(2); (b) Certifyin…
Neb. Rev. Stat. § 29-2201 Verdict of guilty; accused to be notified before sentence.
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Before the sentence is pronounced, the defendant must be informed by the court of the verdict of the jury, and asked whether he has anything to say why judgment should not be passed against him.
Neb. Rev. Stat. § 29-2202 Verdict of guilty; judgment; when pronounced; suspension of sentence; when; bail.
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Except as provided in sections 29-2292 to 29-2294 or 29-4801 to 29-4804, if the defendant has nothing to say, or if he or she shows no good and sufficient cause why judgment should not be pronounced, the court shall proceed to pronounce judgment as provided by law. The court, in …
Neb. Rev. Stat. § 29-2203 Defense of not responsible by reason of insanity; how pleaded; burden of proof; notice before trial; examination of defendant; acquittal; further proceedings.
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(1) Any person prosecuted for an offense may plead that he or she is not responsible by reason of insanity at the time of the offense and in such case the burden shall be upon the defendant to prove the defense of not responsible by reason of insanity by a preponderance of the ev…
Neb. Rev. Stat. § 29-2204 Sentence for felony other than Class III, IIIA, or IV felony; court; duties; study of offender; when; defendant under eighteen years of age; disposition.
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(1) Except when a term of life imprisonment is required by law, in imposing a sentence upon an offender for any class of felony other than a Class III, IIIA, or IV felony, the court shall fix the minimum and the maximum terms of the sentence to be served within the limits provide…
Neb. Rev. Stat. § 29-2204.02 Sentence for Class III, IIIA, or IV felony; court; duties; defendant under eighteen years of age; disposition.
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(1) Except when a term of probation is required by law as provided in subsection (2) of this section or except as otherwise provided in subsection (4) of this section, in imposing a sentence upon an offender for a Class III, IIIA, or IV felony, the court shall: (a) Impose a deter…
Neb. Rev. Stat. § 29-2204.03 Study of offender; commitment to Department of Correctional Services; written report; costs.
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(1) When the court is of the opinion that imprisonment may be appropriate but desires more detailed information as a basis for determining the sentence to be imposed than has been provided by the presentence report required by section 29-2261, the court shall commit an offender t…