Chapter 29 — CRIMINAL PROCEDURE

1,051 sections in this chapter.

1,051 sectionsFiltered byCh 29

Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1959, c. 445, § 2.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 2003, LB 46, § 55.
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[Repealed or reserved.]
Repealed. Laws 2003, LB 46, § 55.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2639 Compact, how cited.
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Sections 29-2639 and 29-2640 shall be known and may be cited as the Interstate Compact for Adult Offender Supervision.
Neb. Rev. Stat. § 29-2640 Interstate Compact for Adult Offender Supervision.
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The Governor is hereby authorized and directed to execute a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows: The compacting states solemnly agree: ARTICLE I PURPOSE The compacting states to this interstat…
Neb. Rev. Stat. § 29-2701 Fines, costs, forfeited recognizances; to whom paid.
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All money due upon any judgment for fines, costs, or forfeited recognizances shall be paid to the judge or clerk of the court where the judgment is pending, if paid before execution is issued therefor, otherwise to the officer holding the execution, or such money may be paid to t…
Neb. Rev. Stat. § 29-2702 Money received; disposition.
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Every judge or clerk of court, upon receiving any money on account of forfeited recognizances, fines, or costs accruing or due to the county or state, shall pay the same to the treasurer of the proper county, except as may be otherwise expressly provided, within thirty days from …
Neb. Rev. Stat. § 29-2703 Costs; county not liable; exception.
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No costs shall be paid from the county treasury in any case of prosecution for a misdemeanor except as provided in section 29-2709.
Neb. Rev. Stat. § 29-2704 Preliminary examinations for felony; transcript of costs; audit; allowance; payment.
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Upon examination in county court on complaint of a felony, whether the accused is held to answer in court or discharged, the court may file with the county clerk a certified transcript of the costs as assessed under section 29-2709, giving the items of the same, and to whom each …
Neb. Rev. Stat. § 29-2705 Clerk of district court; cost bill in felony cases; payment.
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Upon the discharge or conviction of the defendant in any case of felony in the district court, it shall be lawful for the clerk of such court to file in the office of the county clerk a bill of the costs not previously allowed by the county board, whereupon the same shall be exam…
Neb. Rev. Stat. § 29-2706 Conviction in felony cases; fines and costs; collection from defendant; disposition of amount collected.
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In any case of indictment for felony, where the defendant shall be convicted, it shall be the duty of the county attorney, clerk of the court, and sheriff of the county to use all lawful means within the scope of their respective powers, if need be, for the collection of the cost…
Repealed. Laws 1973, LB 226, § 34.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2708 Receipts; to what funds credited; disbursement of costs in criminal cases.
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All money arising from fines and recognizances shall be credited by the county treasurer to the county school fund except as provided by Article VII, section 5, Constitution of Nebraska, and the costs and proceeds of jail labor shall be credited to the county general fund. Whenev…
Neb. Rev. Stat. § 29-2709 Uncollectible costs; certification; payment; conditions.
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When any costs in misdemeanor, traffic, felony preliminary, or juvenile cases in county court, except for those costs provided for in subsection (3) of section 24-703, two dollars of the fee provided in section 33-107.01, the court automation fee provided in section 33-107.03, an…
Neb. Rev. Stat. § 29-2710 Witness fees; criminal cases in district court; by whom paid.
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The fees of all witnesses in criminal cases in the district court shall be paid by the county where the indictment is found.
Neb. Rev. Stat. § 29-2801 Habeas corpus; writ; when allowed.
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If any person, except persons convicted of some crime or offense for which they stand committed, or persons committed for treason or felony, the punishment whereof is capital, plainly and specially expressed in the warrant of commitment, now is or shall be confined in any jail of…
Neb. Rev. Stat. § 29-2802 Writ; applicant; to be taken before judge; return.
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It shall be the duty of the officer or person to whom such writ shall be directed to convey the person or persons so imprisoned or detained and named in such writ, before the judge allowing the same, or, in case of his absence or disability, before some other judge of the same co…
Neb. Rev. Stat. § 29-2803 Habeas corpus; applicant; subpoena for witnesses.
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Whenever a habeas corpus shall be issued to bring the body of any prisoner committed as aforesaid, unless the court or judge issuing the same shall deem it wholly unnecessary and useless, the court or judge shall issue a subpoena to the sheriff of the county where such person sha…
Neb. Rev. Stat. § 29-2804 Subpoena; duty of witness; noncompliance; penalty.
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It shall be the duty of the witness or witnesses thus served with subpoena to attend and give evidence before the judge or court issuing the same, on pain of being guilty of a contempt, in which event he or they shall be proceeded against accordingly by the judge or court.
Neb. Rev. Stat. § 29-2805 Habeas corpus; hearing by court or judge; procedure.
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On the hearing of any habeas corpus issued as aforesaid, it shall be the duty of the judge or court who shall hear the same to examine the witness or witnesses aforesaid, and such other witnesses as the prisoner may request, touching any offense mentioned in the warrant of commit…
Neb. Rev. Stat. § 29-2806 Habeas corpus; disposition of cause.
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When the judge shall have examined into the cause of the capture and detention of the person so brought before him, and shall be satisfied that the person is unlawfully imprisoned or detained, he shall forthwith discharge such prisoner from confinement. In case the person or pers…
Neb. Rev. Stat. § 29-2807 Writ; failure to obey; penalty.
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If any person to whom such writ of habeas corpus shall be directed as aforesaid, shall neglect or refuse to obey or make return of the same according to the command thereof, or shall make a false return of the writ, or upon demand made by the prisoner, or any person in his or her…
Neb. Rev. Stat. § 29-2808 Writ; failure to issue; penalty.
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If any clerk of the district court shall refuse to issue such writ after allowance and demand made as aforesaid, he shall forfeit to the party aggrieved the sum of five hundred dollars.
Neb. Rev. Stat. § 29-2809 Applicant discharged; rearrest for same offense prohibited; penalty; exceptions.
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Any person who shall be set at large upon any habeas corpus, shall not be again imprisoned for the same offense, unless by the legal order or process of the court wherein he or she shall be bound by recognizance to appear, or other court having jurisdiction of the cause or offens…
Neb. Rev. Stat. § 29-2810 Person in custody of officer; delivery to another officer prohibited; penalty; exceptions.
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If any person of this state shall be committed to prison, or be in custody of any officer for any criminal matter, such prisoner shall not be removed therefrom into the custody of any other officer, unless by legal process, or when the prisoner shall be delivered to some inferior…
Neb. Rev. Stat. § 29-2811 Accessories before the fact in capital cases; not bailable.
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When any person shall appear to be committed by any judge or magistrate, and charged as accessory before the fact to any felony, the punishment whereof is capital, which felony shall be plainly and especially charged in the warrant of commitment, such person shall not be removed …
Neb. Rev. Stat. § 29-2812 Extradition of citizens of Nebraska for prosecution in sister state; imprisonment for; general prohibition; penalty; exception.
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No citizen of this state, being an inhabitant or resident of the same, shall be sent a prisoner to any place whatever out of the state, for any crime or offense committed within this state, except in cases specially authorized by law, and every such imprisonment is hereby declare…
Neb. Rev. Stat. § 29-2813 False imprisonment; penalties; action for; limitation.
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The penalties recoverable pursuant to sections 29-2801 to 29-2824 shall be recovered by the party aggrieved, his or her executors or administrators, by civil action in any court having cognizance of the same; Provided, no person shall be sued or molested for any offense against t…
Neb. Rev. Stat. § 29-2814 Warrant or commitment; defects; when harmless.
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If any person shall be committed to prison, or be in custody of any officer for any criminal matter, by virtue of any warrant or commitment of any magistrate of this state having jurisdiction of such criminal matter, such person shall not be discharged from such imprisonment or c…
Neb. Rev. Stat. § 29-2815 Applicant in custody of person not an officer; form of writ.
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In case of confinement, imprisonment, or detention by any person not a sheriff, deputy sheriff, coroner, jailer, or marshal of this state, nor a marshal or other like officer of the courts of the United States, the writ of habeas corpus shall be in the form following: The State o…
Neb. Rev. Stat. § 29-2816 Writ; service and return.
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Such writ may be served in any county by any sheriff of the same or of any other county. When such writ shall be issued by a court in session, if such court shall have adjourned when the same is returned, it shall be returned before any judge of the same court, and if such writ i…
Neb. Rev. Stat. § 29-2817 Writ; return by person detaining; contents.
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In every case in which a writ of habeas corpus has been allowed, the person to whom the writ is directed shall file a return in which he shall plainly and unequivocally state the following: (1) Whether he has or has not the party in his custody or power, or under restraint; (2) i…
Neb. Rev. Stat. § 29-2818 Writ; return by person detaining; signature and verification.
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The return or statement shall be signed by the person making it, and it shall be sworn to by him, unless he is a public officer and makes the return in his official capacity.