(1) A judge of any court established under the laws of the State of Nebraska shall, in any case in which that judge is authorized to act, have power to exercise the powers conferred upon the judge and court, and specifically to:
(a) Upon the stipulation of the parties to an action, hear and determine any matter, including the trial of an equity case or case at law in which a jury has been waived;
(b) Hear and determine pretrial and posttrial matters in civil cases not involving testimony of witnesses by oral examination;
(c) With the consent of the defendant, receive pleas of guilty and pass sentences in criminal cases;
(d) With the consent of the defendant, hear and determine pretrial and posttrial matters in criminal cases;
(e) Hear and determine cases brought by petition in error or appeal not involving testimony of witnesses by oral examination;
(f) Hear and determine any matter in juvenile cases with the consent of the guardian ad litem or attorney for the minor, the other parties to the proceedings, and the attorneys for those parties, if any; and
(g) Without notice, make any order and perform any act which may lawfully be made or performed by him or her ex parte in any action or proceeding which is on file in any district of this state.
(2) A judgment or order made pursuant to this section shall be deemed effective when the judgment is entered in accordance with the provisions of subsection (3) of section 25-1301.
(3) The judge, in his or her discretion, may in any proceeding authorized by the provisions of this section not involving testimony of witnesses by oral examination, use telephonic, videoconferencing, or similar methods to conduct such proceedings. The court may require the parties to make reimbursement for any charges incurred.
(4) In any criminal case, with the consent of the parties, a judge may permit any witness who is to be examined by oral examination to appear by telephonic, videoconferencing, or similar methods, with any costs thereof to be taxed as costs.
(5)(a) Unless an objection under subdivision (5)(c) of this section is sustained, in any civil case, a judge shall, for good cause shown, permit any witness who is to be examined by oral examination to appear by telephonic, videoconferencing, or similar methods.
(b) Unless the court orders otherwise for good cause shown, all costs of testimony taken by telephone, videoconferencing, or similar methods shall be provided and paid by the requesting party and may not be charged to any other party. A court may find that there is good cause to allow the testimony of a witness to be taken by telephonic, videoconferencing or similar methods if:
(i) The witness is otherwise unavailable to appear because of age, infirmity, or illness;
(ii) The personal appearance of the witness cannot be secured by subpoena or other reasonable means;
(iii) A personal appearance would be an undue burden or expense to a party or witness; or
(iv) There are any other circumstances that constitute good cause for allowing the testimony of the witness to be taken by telephonic, videoconferencing, or similar methods.
(c) A party may object to examination by telephonic, videoconferencing, or similar methods under subdivision (5)(a) of this section on grounds of unreliability or unfairness. The objecting party has the burden of proving unreliability or unfairness by a preponderance of the evidence.
(d) Nothing in this section shall prohibit an award of expenses, including attorney fees, pursuant to Neb. Ct. R. of Discovery 6-337.
(6) The enumeration of the powers in subsections (1), (2), (3), (4), and (5) of this section shall not be construed to deny the right of a party to trial by jury in the county in which the action was first filed if such right otherwise exists.
(7) Nothing in this section shall be construed to exempt proceedings under this section from the provisions of the Guidelines for Use by Nebraska Courts in Determining When and Under What Conditions a Hearing Before Such Court May Be Closed in Whole or in Part to the Public, adopted by the Supreme Court of the State of Nebraska September 8, 1980, and any amendments to those provisions.
Notes of Decisions
Cited in
15
cases (
5 in the last 5 years), 1985–2025 · leading case:
State v. Garcia, 994 N.W.2d 610 (Neb. 2023).
State v. Garcia, 994 N.W.2d 610 (Neb. 2023).
· cites it 2× “98 Neb. Rev. Stat. § 24-734 (3) (Reissue 2016).”
Gonzales v. Nebraska Pediatric Practice, 308 Neb. 571 (Neb. 2021).
· cites it 5× “Despite finding that Lawrence was qualified as a physician and entitled to give “medical opinions,” the district court found that his testimony “with regard to the causation of seizures and the extent and longevity thereof are not within his skill set and[,] based on the…”
Robbins v. Robbins, 361 N.W.2d 519 (Neb. 1985).
· cites it 4× “It is also settled that an application to modify a child support award cannot be heard in a county other than the county in which the child support proceeding is pending, except that the parties may stipulate that a case may be heard in any county pursuant to Neb. Rev. Stat. §…”
Hawkins v. Delgado, 308 Neb. 301 (Neb. 2021).
· cites it 2× “Moreover, at the relevant time, Neb. Rev. Stat. § 24-734 (Reissue 2016), which has since been amended, required the other party to give consent to such an appearance; apparently, no consent was given.”
Martens v. Newman (In Re Est. of Newman), 25 Neb. Ct. App. 771 (Neb. Ct. App. 2018).
· cites it 5× “Martens objected to allowing Stewart to appear or to testify telephonically for trial, citing Neb. Rev. Stat. § 24-734 (4) (Reissue 2016).”
State v. Bruna, 710 N.W.2d 329 (Neb. Ct. App. 2006).
· cites it 5× “Neb. Rev. Stat. § 24-734 (Cum. Supp. 2004) provides: (1) A judge of any court of this state, .”
State v. Carney, 374 N.W.2d 59 (Neb. 1985).
· cites it 3× “The statute provides in part that a judge in chambers is authorized to: (g) Without notice, make any order and perform any act which may lawfully be made or performed by him or her ex parte in open court in any action or proceeding which is on file in any district of this state;…”
Slater v. Ichtertz, 320 Neb. 159 (Neb. 2025).
· cites it 22× “Under Neb. Rev. Stat. § 24-734 (5)(a) (Cum. Supp.”
In re Est. of Newman, 25 Neb. Ct. App. 771 (Neb. Ct. App. 2018).
· cites it 7× “Neb. Rev. Stat. § 24-734 (4) (Reissue 2016) only pertains to allowing a witness to be examined telephonically with the consent of the parties.”
Burns v. Burns, 296 Neb. 184 (Neb. 2017).
· cites it 3× “13 So it appears that out of an abundance of caution, in addition to stating in subsection (2) that “[s]uch hearings shall not include trials before a jury,” subsection (1) was amended to emphasize that jury terms must be conducted in the county court house or other place…”
State v. Fulton (Neb. Ct. App. 2024).
· cites it 14× “Neb. Rev. Stat. § 24-734 (Cum. Supp. 2022) states in relevant part, (4) In any criminal case, with the consent of the parties, a judge may permit any witness who is to be examined by oral examination to appear by telephonic, videoconferencing, or similar methods, with any costs…”
Tyler v. Heywood, 598 N.W.2d 73 (Neb. Ct. App. 1999).
· cites it 4× “At the time of the contempt, the trial court was merely giving Tyler the benefit of a discretionary telephonic hearing under Neb. Rev. Stat. § 24-734 (3) (Reissue 1995).”
— Neb. Rev. Stat. § 24-734(1)(a) — 1 case
Robbins v. Robbins, 361 N.W.2d 519 (Neb. 1985).
“It is also settled that an application to modify a child support award cannot be heard in a county other than the county in which the child support proceeding is pending, except that the parties may stipulate that a case may be heard in any county pursuant to Neb. Rev. Stat. §…”
— Neb. Rev. Stat. § 24-734(1)(d) — 1 case
State v. Bruna, 710 N.W.2d 329 (Neb. Ct. App. 2006).
“Neb. Rev. Stat. § 24-734 (Cum. Supp. 2004) provides: (1) A judge of any court of this state, .”
— Neb. Rev. Stat. § 24-734(3) — 2 cases
Tyler v. Heywood, 598 N.W.2d 73 (Neb. Ct. App. 1999).
“At the time of the contempt, the trial court was merely giving Tyler the benefit of a discretionary telephonic hearing under Neb. Rev. Stat. § 24-734 (3) (Reissue 1995).”
Slater v. Ichtertz, 320 Neb. 159 (Neb. 2025).
“Under Neb. Rev. Stat. § 24-734 (5)(a) (Cum. Supp.”
— Neb. Rev. Stat. § 24-734(4) — 7 cases
Gonzales v. Nebraska Pediatric Practice, 308 Neb. 571 (Neb. 2021).
“Despite finding that Lawrence was qualified as a physician and entitled to give “medical opinions,” the district court found that his testimony “with regard to the causation of seizures and the extent and longevity thereof are not within his skill set and[,] based on the…”
Martens v. Newman (In Re Est. of Newman), 25 Neb. Ct. App. 771 (Neb. Ct. App. 2018).
“Martens objected to allowing Stewart to appear or to testify telephonically for trial, citing Neb. Rev. Stat. § 24-734 (4) (Reissue 2016).”
In re Est. of Newman, 25 Neb. Ct. App. 771 (Neb. Ct. App. 2018).
“Neb. Rev. Stat. § 24-734 (4) (Reissue 2016) only pertains to allowing a witness to be examined telephonically with the consent of the parties.”
State v. Fulton (Neb. Ct. App. 2024).
“Neb. Rev. Stat. § 24-734 (Cum. Supp. 2022) states in relevant part, (4) In any criminal case, with the consent of the parties, a judge may permit any witness who is to be examined by oral examination to appear by telephonic, videoconferencing, or similar methods, with any costs…”
— Neb. Rev. Stat. § 24-734(5) — 1 case
Slater v. Ichtertz, 320 Neb. 159 (Neb. 2025).
“Under Neb. Rev. Stat. § 24-734 (5)(a) (Cum. Supp.”
— Neb. Rev. Stat. § 24-734(5)(a) — 2 cases
Slater v. Ichtertz, 320 Neb. 159 (Neb. 2025).
“Under Neb. Rev. Stat. § 24-734 (5)(a) (Cum. Supp.”
State v. Fulton (Neb. Ct. App. 2024).
“Neb. Rev. Stat. § 24-734 (Cum. Supp. 2022) states in relevant part, (4) In any criminal case, with the consent of the parties, a judge may permit any witness who is to be examined by oral examination to appear by telephonic, videoconferencing, or similar methods, with any costs…”
— Neb. Rev. Stat. § 24-734(5)(b)(iii) — 1 case
Slater v. Ichtertz, 320 Neb. 159 (Neb. 2025).
“Under Neb. Rev. Stat. § 24-734 (5)(a) (Cum. Supp.”
— Neb. Rev. Stat. § 24-734(5)(c) — 1 case
Slater v. Ichtertz, 320 Neb. 159 (Neb. 2025).
“Under Neb. Rev. Stat. § 24-734 (5)(a) (Cum. Supp.”
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