Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-1126 (2026)

Jury trial; waiver

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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The trial by jury may be waived by the parties in actions arising on contract and with assent of the court in other actions (1) by the consent of the party appearing, when the other party fails to appear at the trial by himself or herself or by attorney, (2) by written consent, in person or by attorney, filed with the clerk, and (3) by oral consent in open court entered upon the record.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 1966–2022 · leading case: Jacobson v. Shresta, 849 N.W.2d 515 (Neb. 2014).
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Jacobson v. Shresta, 849 N.W.2d 515 (Neb. 2014). · cites it 15× “A waiver of a jury trial in district court is statutorily governed by Neb. Rev. Stat. § 25-1126 (Reissue 2008), because it sets reasonable limits on a constitutional right.”
McGill Restoration v. Lion Place Condo. Assn., 959 N.W.2d 251 (Neb. 2021). · cites it 7× “Stat. § 25-1126 (Reissue 2016), which provides an exclusive list of the manners in which a waiver occurs.”
Schmid v. Simmons, 970 N.W.2d 735 (Neb. 2022). · cites it 6× “And as we have already explained, it is well established in Nebraska that when a cause of action for equitable relief is stated, and when the plaintiff prays for equitable relief, a jury trial cannot be demanded as a matter of right by the defendant, even when the defendant…”
McKinney v. Cnty. of Cass, 144 N.W.2d 416 (Neb. 1966). · cites it 2× “Article I, section 6, of the Constitution of the State of Nebraska, provides: “The right of trial by jury shall remain inviolate * * Section 25-1126, R. R. S. 1943, provides: “The trial by jury may be waived by the parties in actions arising on contract, and with assent of the…”
Schmid v. Simmons, 311 Neb. 48 (2022). · cites it 6× “And as we have already explained, it is well established in Nebraska that when a cause of action for equitable relief is stated, and when the plaintiff prays for equitable relief, a jury trial cannot be demanded as a matter of right by the defendant, even when the defendant…”
State v. Klatt, 219 N.W.2d 761 (Neb. 1974). “See § 25-1126, R. R. S. 1943. Defendant was found guilty of murder in the second degree and sentenced to life imprisonment.”
Neb. Rev. Stat. § 25-1126(3): 2 cases
McGill Restoration v. Lion Place Condo. Assn., 959 N.W.2d 251 (Neb. 2021). “Stat. § 25-1126 (Reissue 2016), which provides an exclusive list of the manners in which a waiver occurs.”
Jacobson v. Shresta, 849 N.W.2d 515 (Neb. 2014). “A waiver of a jury trial in district court is statutorily governed by Neb. Rev. Stat. § 25-1126 (Reissue 2008), because it sets reasonable limits on a constitutional right.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.