Chapter 29 — CRIMINAL PROCEDURE
1,051 sections in this chapter.
Neb. Rev. Stat. § 29-1809 Plea in abatement; when made.
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A plea in abatement may be made when there is a defect in the record which is shown by facts extrinsic thereto.
Neb. Rev. Stat. § 29-1810 Demurrer to indictment; when made.
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The accused may demur when the facts stated in the indictment do not constitute an offense punishable by the laws of this state, or when the intent is not alleged, when proof of it is necessary to make out the offense charged.
Neb. Rev. Stat. § 29-1811 Indictment defective; accused committed or held to bail.
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When a motion to quash, or a plea in abatement, has been adjudged in favor of the accused, he may be committed or held to bail in such sum as the court may require for his appearance at the first day of the next term of said court.
Neb. Rev. Stat. § 29-1812 Defects; when considered waived.
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The accused shall be taken to have waived all defects which may be excepted to by a motion to quash, or a plea in abatement, by demurring to an indictment or pleading in bar or the general issue.
Neb. Rev. Stat. § 29-1813 Plea in abatement; misnomer; procedure.
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If the accused shall plead in abatement that he is not indicted by his true name, he must plead what his true name is, which shall be entered on the minutes of the court, and after such entry the trial and all other proceedings on the indictment shall be had against him by that n…
Neb. Rev. Stat. § 29-1814 Demurrer or reply to plea in abatement; when made.
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To any plea in abatement the county attorney may demur if it is not sufficient in substance, or he may reply setting forth any facts which may show that there is no defect in the record as charged in the plea.
Neb. Rev. Stat. § 29-1815 Plea after overruling of demurrer to indictment.
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After a demurrer to an indictment has been overruled, the accused may plead not guilty, or in bar.
Neb. Rev. Stat. § 29-1816 Arraignment of accused; when considered waived; accused younger than eighteen years of age; move court to waive jurisdiction to juvenile court; findings for decision; transfer to juvenile court; effect; appeal; admission, confession, or statement made by the accused; inadmissible; when.
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(1)(a) The accused may be arraigned in county court or district court: (i) If the accused was eighteen years of age or older when the alleged offense was committed; (ii) If the accused was younger than eighteen years of age and was fourteen years of age or older when an alleged o…
Neb. Rev. Stat. § 29-1816.01 Arraignment of accused; record of proceedings; filing; evidence.
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On the arraignment in the district court of any person accused of a felony, the court may require the official reporter of the court to make a record of the proceedings in such court incident to such arraignment and the disposition of the charge made against the accused including…
Neb. Rev. Stat. § 29-1817 Plea in bar; allegations; reply to plea; how issues tried.
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The accused may then offer a plea in bar to the indictment that he has before had judgment of acquittal, or been convicted, or been pardoned for the same offense; and to this plea the county attorney may reply that there is no record of such acquittal or conviction, or that there…
Neb. Rev. Stat. § 29-1818 Plea in bar or abatement; verification by accused required.
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No plea in bar or abatement shall be received by the court unless it be in writing, signed by the accused, and sworn to before some competent officer.
Neb. Rev. Stat. § 29-1819 Pleas of guilty, not guilty, or nolo contendere; when required; failure to plead; effect.
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If the issue on the plea in bar be found against the defendant, or if upon arraignment the accused offers no plea in bar, he shall plead guilty, not guilty, or nolo contendere; but if he pleads evasively or stands mute, he shall be taken to have pleaded not guilty.
Neb. Rev. Stat. § 29-1819.01 Plea of nolo contendere; acceptance by court; when.
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The accused may, at any time before conviction, enter a plea of nolo contendere with the consent of the court. The court may refuse to accept the plea, and shall not accept the plea without first determining that the plea is made voluntarily with an understanding of the nature of…
Neb. Rev. Stat. § 29-1819.02 Plea of guilty or nolo contendere; advisement required; effect.
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(1) Prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime under state law, except offenses designated as infractions under state law, the court shall administer the following advisement on the record to the defendant: IF YOU ARE NOT A UNI…
Neb. Rev. Stat. § 29-1819.03 Plea of guilty or nolo contendere; legislative findings and intent.
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The Legislature finds and declares that in many instances involving an individual who is not a citizen of the United States and who is charged with an offense punishable as a crime under state law, a plea of guilty or nolo contendere is entered without the defendant knowing that …
Neb. Rev. Stat. § 29-1820 Plea of guilty; record; accused; custody.
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If the accused pleads guilty the plea shall be recorded on the indictment, and the accused may be placed in the custody of the sheriff until sentence.
Neb. Rev. Stat. § 29-1821 Plea of not guilty; record; day of trial; designation; continuance; when.
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If the accused pleads not guilty, the plea shall be entered on the indictment, and the prosecuting attorney shall, under the direction of the court, designate a day for trial, which shall be a day of the term at which the plea is made, unless the court, for good reasons, continue…
Neb. Rev. Stat. § 29-1822 Mental incompetency of accused after crime commission; effect; death penalty; stay of execution.
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(1) A person who becomes mentally incompetent after the commission of an offense shall not be tried for the offense until such disability is removed as provided in section 29-1823. (2) If, after a verdict of guilty, but before judgment is pronounced, a defendant becomes mentally …
Neb. Rev. Stat. § 29-1823 Mental incompetency of defendant before or during trial; determination by judge; effect; costs; hearing; commitment proceeding; treatment; department; duties; motion to discharge; considerations; reimbursement to counties for lodging.
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(1) If at any time prior to or during trial it appears that the defendant has become mentally incompetent to stand trial, such disability may be called to the attention of the district or county court by the county attorney or city attorney, by the defendant, or by any person for…
Neb. Rev. Stat. § 29-1824 Competency restoration treatment; network of contract facilities and providers; department; powers.
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The Department of Health and Human Services may establish a network of contract facilities and providers to provide competency restoration treatment pursuant to alternative treatment plans under section 29-1823. The department may create criteria for participation in such network…
Transferred to section 23-3405.
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[Repealed or reserved.]
Transferred to section 23-3406.
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[Repealed or reserved.]
Transferred to section 23-3407.
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[Repealed or reserved.]
Transferred to section 23-3408.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-1901 Subpoenas in traffic and criminal cases; provisions applicable.
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(1) The statutes governing subpoenas in civil actions and proceedings shall also govern subpoenas in traffic and criminal cases, except that subsections (1), (3), and (4) of section 25-1228 shall not apply to those cases. The payment of compensation and mileage to witnesses in th…
Neb. Rev. Stat. § 29-1902 Return of subpoenas.
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If the subpoena be served by such special deputy, it shall be his duty, after serving the same, to return thereon the manner in which the same was served; and also to make oath or affirmation to the truth of such return, before some person competent to administer oaths, which sha…
Neb. Rev. Stat. § 29-1903 Traffic, criminal, and juvenile cases; witness fees and mileage.
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(1) The amount of the witness fee and mileage in traffic, criminal, and juvenile cases is governed by section 33-139. (2) A witness in a traffic, criminal, or juvenile case shall be entitled to a witness fee and mileage after appearing in court in response to a subpoena. The cler…
Neb. Rev. Stat. § 29-1904 Depositions; certain witnesses; application by defendant; when granted; interrogatories; notice to county attorney.
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Where any issue of fact is joined on any indictment, and any material witness for the defendant resides out of the state, or, residing within the state, is sick or infirm or is about to leave the state, such defendant may apply in writing to the court in term time, or the judge t…
Neb. Rev. Stat. § 29-1905 Depositions; how taken.
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The proceedings in taking the examination of such witness and returning it to court shall be governed in all respects as the taking of depositions in all civil cases.
Neb. Rev. Stat. § 29-1906 Terms, defined.
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(1) The word witness as used in sections 29-1906 to 29-1911 shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding; (2) the word state shall include any territory of the United States…
Neb. Rev. Stat. § 29-1907 Person in this state required as witness in another state; procedure to secure attendance; fees; failure to testify; punishment.
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If a judge of a court of record in any state, which by its laws has made provision for commanding persons within that state to attend and testify in this state, certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury…
Neb. Rev. Stat. § 29-1908 Person in another state required as witness in this state; procedure to secure attendance; fees; failure to testify; punishment.
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If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a…
Neb. Rev. Stat. § 29-1909 Witness from another state; not subject to arrest or civil process while in this state.
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If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not while in this state pursuant to such summons be subject to arrest for the service of process, civil or criminal, in connection with matters which arose befo…
Neb. Rev. Stat. § 29-1910 Sections, how construed.
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Sections 29-1906 to 29-1911 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of the states which enact them. They shall be construed as supplemental to and cumulative with section 29-1904.
Neb. Rev. Stat. § 29-1911 Act, how cited.
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Sections 29-1906 to 29-1911 may be cited as the Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings.
Neb. Rev. Stat. § 29-1912 Request by defendant to inspect and make copies of evidence; granted; when; findings; possibility of harm; effect; continuing duty of disclosure.
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(1) When a defendant is charged with a felony or when a defendant is charged with a misdemeanor or a violation of a city or village ordinance for which imprisonment is a possible penalty, he or she may request the court where the case is to be tried, at any time after the filing …
Neb. Rev. Stat. § 29-1913 Discovery; evidence of prosecuting authority; test or analysis by defense; when allowed; when inadmissible.
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(1) When in any felony prosecution or any prosecution for a misdemeanor or a violation of a city or village ordinance for which imprisonment is a possible penalty, the evidence of the prosecuting authority consists of scientific tests or analyses of ballistics, firearms identific…
Neb. Rev. Stat. § 29-1914 Discovery order; limitation.
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Whenever an order is issued pursuant to the provisions of section 29-1912 or 29-1913, it shall be limited to items or information that: (1) Directly relate to the investigation of the underlying charge or charges in the case; (2) Are within the possession, custody, or control of …
Neb. Rev. Stat. § 29-1915 Discovery order; specify time, place, and manner of inspections and making copies.
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An order issued pursuant to the provisions of sections 29-1912 to 29-1921 shall specify the time, place, and manner of making the inspections and of making copies or photographs and may prescribe such terms and conditions as are just.
Neb. Rev. Stat. § 29-1916 Discovery order; reciprocity to prosecution; waiver of privilege of self-incrimination.
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(1) Whenever the court issues an order pursuant to the provisions of sections 29-1912 and 29-1913, the court may condition its order by requiring the defendant to grant the prosecution like access to comparable items or information included within the defendant's request which: (…
Neb. Rev. Stat. § 29-1917 Deposition of witness or sexual assault victim; when; procedure; use at trial.
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(1) Except as provided in section 29-1926, at any time after the filing of an indictment or information in a felony prosecution, the prosecuting attorney or the defendant may request the court to allow the taking of a deposition of any person other than the defendant who may be a…
Neb. Rev. Stat. § 29-1918 Discovery of additional evidence or material; disclosure to other party or court; conditions.
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A party who discovers additional evidence or material before or during trial must promptly disclose its existence to the other party or the court if: (1) The evidence or material is subject to discovery or inspection under sections 29-1912 to 29-1921; and (2) The other party prev…
Neb. Rev. Stat. § 29-1919 Discovery; failure to comply; effect.
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If, at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with sections 29-1912 to 29-1921 or an order issued pursuant to sections 29-1912 to 29-1921, the court may: (1) Order such party to permit the discov…
Neb. Rev. Stat. § 29-1920 Indigent defendant; costs; how taxed.
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Whenever a defendant is adjudged indigent, the reasonable costs incurred in the operation of the provisions of sections 29-1912 to 29-1921 shall be taxed as costs against the prosecuting authority.
Neb. Rev. Stat. § 29-1921 Attorney-client privilege protected.
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Nothing in sections 29-1912 to 29-1921 shall be construed to authorize any disclosure which would violate the attorney-client privilege.
Neb. Rev. Stat. § 29-1922 Motion to produce statement of defendant and names of eyewitnesses; filing; order.
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Any defendant may file a motion to produce any statement made by the defendant, or furnish the name of every eyewitness who has identified the defendant at a lineup or showup. The motion shall be filed in the court where the case is to be tried and may be made at any time after t…
Neb. Rev. Stat. § 29-1923 Additional statement of defendant or name of eyewitness; prosecutor; notification required; failure to comply; effect.
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If, subsequent to compliance with an order issued pursuant to section 29-1922, and prior to or during trial, the prosecuting authority discovers any additional statement made by the defendant or the name of any eyewitness who has identified the defendant at a lineup or showup pre…
Neb. Rev. Stat. § 29-1924 Statement, defined.
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For purposes of sections 29-1922 and 29-1923, statement made by the defendant includes any of the following statements made by the defendant which relate to the investigation of the underlying charge or charges in the case and which were developed or received by law enforcement a…
Neb. Rev. Stat. § 29-1925 Child victim or child witness; testimony; legislative intent.
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The Legislature recognizes that obtaining testimony in a criminal prosecution from a child victim of or a child witness to a felony offense may be a delicate matter and may require some special considerations. It is the intent of the Legislature to promote, facilitate, and preser…
Neb. Rev. Stat. § 29-1926 Child victim or child witness; video deposition and in camera testimony; conditions; use; findings by court; release; procedure; violation; penalty.
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(1)(a) Upon request of the prosecuting or defense attorney and upon a showing of compelling need, the court shall order the taking of a video deposition of a child victim of or child witness to any offense punishable as a felony. The deposition ordinarily shall be in lieu of cour…