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743 sections in this chapter.
Neb. Rev. Stat. § 29-1407 Grand jury; duties.
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After the charge of the court, the grand jury shall retire with the officer appointed to attend to them, and shall proceed to inquire of and present all offenses whatever committed within the limits of the county in and for which they were impaneled and sworn or affirmed.
Neb. Rev. Stat. § 29-1407.01 Grand jury proceedings; reporter; duties; transcript; exhibits; statements; availability.
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(1) A certified or authorized reporter shall be present at all grand jury sessions. All grand jury proceedings and testimony from commencement to adjournment shall be reported. Except as otherwise provided in this section, no copies of transcripts of, or exhibits from, such proce…
Neb. Rev. Stat. § 29-1408 County attorney; powers; special prosecutor; when appointed.
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The county attorney or the assistant county attorney shall be allowed at all times to appear before the grand jury for the purpose of giving information relative to any matter cognizable by such jury, or giving such jury advice upon any legal matter the jury may require, and such…
Neb. Rev. Stat. § 29-1409 Subpoenas; issuance; advisement of rights; form; effect.
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(1) Whenever required by the grand jury, or the prosecuting attorney, the clerk of the court in which such jury is impaneled shall issue subpoenas and other process to bring witnesses to testify before such grand jury. (2) At the option of the prosecuting attorney, a grand jury s…
Neb. Rev. Stat. § 29-1410 Witness; oath or affirmation; administration.
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Before any witness shall be examined by the grand jury, an oath or affirmation shall be administered to him by the clerk truly to testify of such matters and things as may be lawfully inquired of before the jury, a certificate whereof the clerk shall make and deliver to such witn…
Neb. Rev. Stat. § 29-1410.01 Request to testify or appear; denial; how treated.
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Any person may approach the prosecuting attorney or the grand jury and request to testify or retestify in an inquiry before a grand jury or to appear before a grand jury. The prosecuting attorney or the grand jury shall keep a record of all denials of such requests to that prosec…
Neb. Rev. Stat. § 29-1411 Witness; privilege against self-incrimination; immunity; right to counsel; refusal to answer; procedure.
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(1) In any proceeding before the grand jury, if the prosecuting attorney has written notice in advance of the appearance of a witness that such witness intends to exercise his or her privilege against self-incrimination, such witness shall not be compelled to appear before the gr…
Neb. Rev. Stat. § 29-1412 Witness; refusal to testify or provide other information; contempt; right to counsel; penalty; hearing; confinement; limitation.
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(1)(a) Whenever a witness in any proceeding before any grand jury refuses, without just cause shown, to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording, or other material, the prosecuting attorney m…
Neb. Rev. Stat. § 29-1412.01 Grand jury; subpoena to testify or produce documents; not required to comply; when.
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No person subpoenaed to testify or to produce books, papers, documents, or other objects in any proceeding before any grand jury shall be required to testify or to produce such objects, or be confined as provided in section 29-1412, for his or her failure to so testify or produce…
Neb. Rev. Stat. § 29-1413 Vacancy; how filled.
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In case of the sickness, death, discharge or nonattendance of any grand juror, after the grand jury shall be affirmed or sworn, it shall be lawful for the court, at its discretion to cause another to be sworn or affirmed in his stead.
Neb. Rev. Stat. § 29-1414 Disclosure of indictment; when prohibited.
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No grand juror or officer of the court shall disclose that an indictment has been found against any person not in custody or under bail, except by the issuing of process, until the indictment is filed.
Neb. Rev. Stat. § 29-1415 Disclosure of juror's vote or opinion; prohibited.
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No grand juror shall be allowed to state or testify in any court in what manner he or other members of the grand jury voted on any question before them, or what opinion was expressed by any juror in relation to such question.
Neb. Rev. Stat. § 29-1416 Indictment; how found; endorsement; no true bill; effect.
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(1) At least twelve of the grand jurors must concur in the finding of an indictment; when so found the foreman shall endorse on such indictment the words A true bill, and subscribe his or her name thereto as foreman. (2) Once a grand jury has returned a no true bill based upon a …
Neb. Rev. Stat. § 29-1417 County jail; examination; report.
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The grand jury may at each term of the court at which they may be in attendance, visit the county jail, and examine and report its condition, as required by law.
Neb. Rev. Stat. § 29-1418 Indictments; presentation; filing; finding of probable cause; dismissal; motions.
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(1) Indictments returned by a grand jury shall be presented by their foreman to the court and shall be filed with the clerk, who shall endorse thereon the day of their filing and shall enter each case upon the register of actions and the date when the parties indicted have been a…
Neb. Rev. Stat. § 29-1419 Trial of indictments; recognizances; undisposed indictments; trial by special prosecutor; when.
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The court shall assign such indictments for trial at as early a time in such term as is practicable. And the recognizances of parties and witnesses shall, in all such causes, be taken for their appearance at the time so assigned; and in case of the continuance of any cause to the…
Neb. Rev. Stat. § 29-1420 Report; made public; when; transfer of evidence.
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(1) Except as provided in subdivision (2)(g) of section 29-1406, the report of the grand jury shall not be made public except when the report is filed, including indictments, or when required by statute or except that all of the report or a portion thereof may be released if the …
Neb. Rev. Stat. § 29-1501 Indictment; when sufficient; irregularities.
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No indictment shall be deemed invalid, nor shall the trial, judgment or other proceedings be stayed, arrested or in any manner affected (1) by the omission of the words with force and arms, or any words of similar import; (2) by omitting to charge any offense to have been contrar…
Neb. Rev. Stat. § 29-1502 Variance in name or description; effect.
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Whenever on trial of any indictment for any offense there shall appear to be any variance between the statement in such indictment and the evidence offered in proof thereof in the given name or surname, or both given name and surname, or other description whatever of any person w…
Neb. Rev. Stat. § 29-1503 Forgery; instruments; how described.
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In any indictment for falsely making, altering, forging, printing, photographing, uttering, disposing of or putting off any instrument, it shall be sufficient to set forth the purport and value thereof.
Neb. Rev. Stat. § 29-1504 Offenses other than forgery; instruments; how described.
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In all cases other than those mentioned in section 29-1503, whenever it shall be necessary to make any averment in any indictment as to any instrument, whether the same consists wholly or in part of writing, print or figures, it shall be sufficient to describe such instrument by …
Neb. Rev. Stat. § 29-1505 Counterfeiting; instruments or means; how described.
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In any indictment for engraving or making the whole or any part of any instrument, matter or thing, or for using or having the unlawful custody or possession of any plate or other material upon which the whole or any part of any instrument, matter or thing shall have been engrave…
Neb. Rev. Stat. § 29-1506 Intent to defraud; how alleged; proof.
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It shall be sufficient in any indictment where it shall be necessary to allege an intent to defraud, to allege that the party accused did the act with intent to defraud without alleging an intent to defraud any particular person or body corporate, and on the trial of any such ind…
Neb. Rev. Stat. § 29-1507 Ownership by more than one person; how alleged.
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When any offense is committed upon or in relation to any property belonging to several partners, limited liability company members, or owners, and an indictment for such offense is returned, the allegation of ownership therein shall be sufficient if it alleges that such property …
Neb. Rev. Stat. § 29-1508 Joinder of offenses with larceny; finding of guilty on any count.
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An indictment for larceny may contain also a count for obtaining the same property by false pretenses, or a count for embezzlement thereof, and for receiving or concealing the same property, knowing it to have been stolen; and the jury may convict of either offense, and may find …
Neb. Rev. Stat. § 29-1509 Money; how described; proof.
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In every indictment in which it shall be necessary to make any averment as to any money or bank bills or notes, United States treasury notes, postal and fractional currency, or other bills, bonds or notes, issued by lawful authority and intended to pass and circulate as money, it…
Neb. Rev. Stat. § 29-1510 Election cases; allegation of legality; sufficiency.
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When an offense shall be committed in relation to any election and an indictment for such offense is returned, the allegation of the legality and regularity of such election shall be sufficient if it alleges that such election was authorized by law, without stating the names of t…
Neb. Rev. Stat. § 29-1511 Perjury and subornation; allegations; sufficiency.
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In every indictment for perjury or subornation of perjury it shall be sufficient to set forth the substance of the offense charged upon the defendant, and before what court the oath or affirmation was taken, averring such court or authority to have full power to administer the sa…
Neb. Rev. Stat. § 29-1512 Manslaughter; allegations; sufficiency.
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In any indictment for manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death was caused; but it shall be sufficient to charge that the defendant did unlawfully kill and slay the deceased.
Neb. Rev. Stat. § 29-1601 Prosecutions on information; authorized.
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The several courts of this state shall possess and may exercise the same power and jurisdiction to hear, try and determine prosecutions upon information, for crimes, misdemeanors and offenses, to issue writs and process, and do all other acts therein, as they possess and may exer…
Neb. Rev. Stat. § 29-1602 Information; by whom filed and subscribed; names of witnesses; endorsement.
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All informations shall be filed in the court having jurisdiction of the offense specified therein, by the prosecuting attorney of the proper county as informant. The prosecuting attorney shall subscribe his or her name thereto and endorse thereon the names of the witnesses known …
Neb. Rev. Stat. § 29-1603 Allegations; how made; joinder of offenses; rights of defendant.
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(1) All informations shall be in writing and signed by the county attorney, complainant, or some other person, and the offenses charged therein shall be stated with the same fullness and precision in matters of substance as is required in indictments in like cases. (2)(a) Any inf…
Neb. Rev. Stat. § 29-1604 Information; procedure; law applicable.
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The provisions of the criminal code in relation to indictments, and all other provisions of law, applying to prosecutions upon indictments to writs and process therein, and the issuing and service thereof, to motions, pleadings, trials and punishments or the execution of any sent…
Neb. Rev. Stat. § 29-1605 Commitment and bail; law applicable.
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Any person who may, according to law, be committed to jail or become recognized or held to bail with sureties for his appearance in court to answer to any indictment, may in like manner be committed to jail or become recognized and held to bail for his appearance, to answer to an…
Neb. Rev. Stat. § 29-1606 Persons committed or held to bail; preliminary hearing; failure of county attorney to file information; written statement required; power of court.
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It shall be the duty of the county attorney of the proper county to inquire into and make full examination of all the facts and circumstances connected with any case on preliminary examination, as provided by law, touching the commission of any offense wherein the offender shall …
Neb. Rev. Stat. § 29-1607 Information; preliminary examination; required; when.
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No information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor, as provided by law, unless such person shall waive his or her right to such examination, except as otherwise provided in the Uniform Criminal Extr…
Neb. Rev. Stat. § 29-1608 Indictment, complaint, or information against corporation; summons; service; return day; procedure.
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Whenever an indictment is presented, or complaint or information filed against a corporation, a summons commanding the sheriff to notify the accused thereof, and returnable on the third day after its date, shall issue on the praecipe of the prosecuting attorney. Such summons, tog…
Neb. Rev. Stat. § 29-1701 Warrant and arrest on indictment or presentment.
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A warrant may be issued in term time or in vacation of the court, on an indictment found or presentment made in any county, and when directed to the sheriff of the county where such indictment was found, or presentment made, it shall be lawful for such officer to pursue and arres…
Neb. Rev. Stat. § 29-1702 Accused a nonresident of the county; how arrested.
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When the party accused shall reside out of the county in which such indictment was found, it shall be lawful to issue a warrant thereon, directed to the sheriff of the county where the accused shall reside or may be found. It shall be the duty of such officer to arrest the accuse…
Neb. Rev. Stat. § 29-1703 Misdemeanors; recognizance for appearance; authority of sheriff to take.
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When any sheriff or other officer shall be charged with the execution of a warrant issued on any indictment for a misdemeanor, he shall, during the vacation of the court from which the writ issued, have authority to take the recognizance of the person so indicted, together with s…
Neb. Rev. Stat. § 29-1704 Misdemeanors; recognizance; return.
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The sheriff or other officer shall return such writ according to the command thereof, with the name of the surety or sureties, together with the recognizance taken as aforesaid; and the recognizance so taken and returned shall be filed and recorded by the clerk of the court to wh…
Neb. Rev. Stat. § 29-1705 Felonies; recognizance ordered by court; authority.
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When any person has been indicted for a felony and the person so indicted has not been arrested or recognized to appear before the court, the court may make an entry of the cause upon the record and may order the amount in which the party indicted may be recognized for his or her…
Neb. Rev. Stat. § 29-1706 Felonies; recognizance; amount; endorsement on warrant.
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The clerk issuing a warrant on such an indictment shall endorse thereon the sum in which the recognizance of the accused was ordered as aforesaid to be taken.
Neb. Rev. Stat. § 29-1707 Felonies; recognizance; conditions; return.
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The officer charged with the execution of the warrant aforesaid shall take the recognizance of the party accused in the sum ordered as aforesaid, together with good and sufficient sureties, conditioned for the appearance of the accused at the return of the writ before the court o…
Neb. Rev. Stat. § 29-1708 Recognizance; signature; certificate.
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All recognizances taken during vacation of any court, by any judge or other officer thereof authorized to take them, shall be signed by the parties and certified to by the officer taking the same.
Neb. Rev. Stat. § 29-1709 Indicted convicts; custody.
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Whenever any convict in a Department of Correctional Services adult correctional facility is indicted for any offense committed while confined therein, such convict shall remain in the custody of the warden of the facility subject to the order of the district court of the county …
Neb. Rev. Stat. § 29-1802 Indictment; record; service of copy on defendant; arraignment, when had.
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The clerk of the district court shall, upon the filing of any indictment with him or her and after the person indicted is in custody or let to bail, cause the same to be entered on the record of the court, and in case of the loss of the original, such record or a certified copy t…
Neb. Rev. Stat. § 29-1806 Exceptions to indictment; time allowed.
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The court shall allow the accused a reasonable time to examine the indictment and prepare exceptions thereto.
Neb. Rev. Stat. § 29-1807 Exceptions to indictment; how made.
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The accused may except to an indictment by (1) a motion to quash, (2) a plea in abatement, or (3) a demurrer.
Neb. Rev. Stat. § 29-1808 Motion to quash; when made.
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A motion to quash may be made in all cases when there is a defect apparent upon the face of the record, including defects in the form of the indictment or in the manner in which an offense is charged.