It shall be the duty of the judges of the several district courts, in all cases, both civil and criminal, to reduce their charges or instructions to the jury to writing, before giving the same to the jury, unless the so giving of the same is waived by the counsel in the case in open court, and so entered in the record of said case; and either party may request instructions to the jury on points of law, which shall be given or refused by the court. All instructions asked shall be in writing.
Notes of Decisions
Cited in
15
cases (
2 in the last 5 years), 1946–2023 · leading case:
State v. Brennauer, 993 N.W.2d 305 (Neb. 2023).
State v. Brennauer, 993 N.W.2d 305 (Neb. 2023).
· cites it 2× “[8] We note that since we have not had the opportunity before now to address the effect of § 29-2203(4) on the insanity defense, the district court did not have the benefit of our guidance regarding § 29-2203(4) when it instructed the jury.”
State v. Samuels, 289 N.W.2d 183 (Neb. 1980).
· cites it 2× “Section 25-1111, R. R. S. 1943, requires that the court’s instructions to the jury to be valid must be in writing.”
State v. McDaniel, 771 N.W.2d 173 (Neb. Ct. App. 2009).
· cites it 2× “Neb.Rev.Stat. § 25-1111 (Reissue 2008). And failure to reduce the instruction to writing "shall be error in the trial of the case, and sufficient cause for the reversal of the judgment rendered therein.”
Rakes v. State, 62 N.W.2d 273 (Neb. 1954).
· cites it 4× “1943, and proper explanatory statements of the trial court with relation thereto during voir dire examination are not instructions required to be in writing under the provisions of section 25-1111, R. R. S. 1943. In that regard, the opinion said: “Obviously, this is not an…”
Anderson v. Evans, 83 N.W.2d 59 (Neb. 1957).
· cites it 2× “Section 25-1111, R. R. S. 1943, provides: “It shall be the duty of the judges of the several district courts, in all cases, both civil and criminal, to reduce their charges or instructions to the jury to writing, before giving the same to the jury, unless the so giving of the…”
State v. Hegwood, 275 N.W.2d 605 (Neb. 1979).
· cites it 2× “The State seeks to sustain this conviction on the basis of section 25-1111, R. R. S. 1943, which states: “ * * * and either party may request instructions to the jury on points of law, which shall be given or refused by the court.”
State v. Claycamp, 714 N.W.2d 455 (Neb. Ct. App. 2006).
· cites it 2× “One of those “preceding sections,” Neb. Rev. Stat. § 25-1111 (Reissue 1995), imposes upon the trial judge the duty, in all cases, both civil and criminal, to reduce their charges or instructions to the jury to writing, before giving the same to the jury.”
Lee v. State, 23 N.W.2d 316 (Neb. 1946).
· cites it 2× “Obviously, this is not an instruction to the jury and not within the provisions of section 25-1111, R. S. 1943. Section 29-2007, R.”
Grandsinger v. State, 73 N.W.2d 632 (Neb. 1955).
“Defendant is in no position now to argue that the court by so doing erroneously gave oral instructions to the jury in violation of sections 25-1111 and 25-1115, R. R. S. 1943.”
Owen v. Moore, 88 N.W.2d 759 (Neb. 1958).
“t the statutes relating thereto provide: “It shall be the duty of the judges of the several district courts, in all cases, both civil and criminal, to reduce their charges or instructions to the jury to writing, before giving the same to the jury, unless the so giving of the…”
State v. Brennauer, 314 Neb. 782 (2023).
· cites it 2× “[8] We note that since we have not had the opportunity before now to address the effect of § 29-2203(4) on the insanity defense, the district court did not have the benefit of our guidance regarding § 29-2203(4) when it instructed the jury.”
Omey v. Stauffer, 117 N.W.2d 481 (Neb. 1962).
“§ 25-1111, R. R. S. 1943. The statute further provides that no oral explanation of any instruction shall be allowed.”
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