Chapter 29 — CRIMINAL PROCEDURE
1,051 sections in this chapter.
Neb. Rev. Stat. § 29-1927 Admission of evidence of alibi; notice required; waiver.
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No evidence offered by a defendant for the purpose of establishing an alibi to an offense shall be admitted in the trial of the case unless notice of intention to rely upon an alibi is given to the county attorney and filed with the court at least thirty days before trial, except…
Repealed. Laws 2009, LB 63, § 50.
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[Repealed or reserved.]
Repealed. Laws 2009, LB 63, § 50.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2001 Trial; presence of accused required; exceptions.
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No person indicted for a felony shall be tried unless personally present during the trial. Persons indicted for a misdemeanor may, at their own request, by leave of the court be put on trial in their absence. The request shall be in writing and entered on the record of the court.
Neb. Rev. Stat. § 29-2002 Joinder of offenses; joint trial; separate trials; when permitted; procedure.
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(1) Two or more offenses may be charged in the same indictment, information, or complaint in a separate count for each offense if the offenses charged, whether felonies or misdemeanors, or both, are of the same or similar character or are based on the same act or transaction or o…
Neb. Rev. Stat. § 29-2003 Joint indictment; special venire; when required; how drawn.
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When two or more persons have been charged together in the same indictment or information with a crime, and one or more have demanded a separate trial and had the same, and when the court is satisfied by reason of the same evidence being required in the further trial of parties t…
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…
Repealed. Laws 1982, LB 525, § 3.
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[Repealed or reserved.]
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…
Repealed. Laws 1989, LB 443,§2.
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[Repealed or reserved.]
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…
Repealed. Laws 1978, LB 748, § 61.
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[Repealed or reserved.]
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.
Repealed. Laws 1972, LB 1032, § 287.
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[Repealed or reserved.]
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…
Repealed. Laws 1959, c. 121,§4.
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[Repealed or reserved.]
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…
Repealed. Laws 1963, c. 163, § 1.
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[Repealed or reserved.]
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…
Repealed. Laws 1988, LB 1030, § 53.
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[Repealed or reserved.]
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…
Repealed. Laws 1972, LB 1032, § 287.
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[Repealed or reserved.]
Repealed. Laws 1972, LB 1032, § 287.
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[Repealed or reserved.]
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.