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Home/State Laws/Nebraska

Nebraska Mock Trial Rules

Midwest

NE · Capital: Lincoln

Evidence Rules

Nebraska Evidence Rules

Citation: Neb. Rev. Stat. §§ 27-101 to 27-1103

Key Differences from Federal Rules of Evidence

  • Nebraska's evidence rules are codified as statutes (Neb. Rev. Stat. § 27) rather than court rules, giving the legislature direct control over amendments
  • Nebraska follows the Daubert standard for expert testimony under § 27-702 as adopted in Schafersman v. Agland Coop
  • Nebraska's residual hearsay exception under § 27-803(23) has stricter notice requirements than FRE 807

Notable Rules

RuleDescription
Neb. Rev. Stat. § 27-702Expert testimony must be based on sufficient facts, reliable principles, and reliable application; court acts as gatekeeper following Daubert
Neb. Rev. Stat. § 27-404(2)Other acts evidence is admissible for proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake; notice required upon request
Neb. Rev. Stat. § 27-801(4)(a)Prior inconsistent statements given under oath are admissible as substantive evidence, broader than common law approach

Trial Procedure

Civil Procedure

Nebraska Court Rules of Pleading in Civil Cases (Neb. Ct. R. Pldg.)

Criminal Procedure

Nebraska Revised Statutes ch. 29 (Criminal Procedure)

Key Features

  • Nebraska has a unified District Court system serving as the general trial court across 12 judicial districts
  • Nebraska is unique in having a unicameral legislature, meaning evidence statute amendments follow a single-chamber process
  • Voir dire is conducted by attorneys with court oversight; expansive questioning is permitted in criminal cases

Jury Rules

6

Civil Jury Size

12

Criminal Jury Size

No

Unanimity Required

  • Civil juries consist of 6 jurors; verdict requires concurrence of 5 of 6
  • Criminal felony juries require 12 jurors with unanimous verdict
  • Parties may stipulate to fewer jurors in both civil and criminal cases

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Other Midwest States

IL — IllinoisIN — IndianaIA — IowaKS — KansasMI — MichiganMN — MinnesotaMO — MissouriND — North DakotaOH — OhioSD — South DakotaWI — Wisconsin
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