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

Neb. Rev. Stat. § 25-1126 (2026)

Jury trial; waiver

✓ current as of July 2026
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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, 288 Neb. 615 (Neb. 2014).
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Jacobson v. Shresta, 288 Neb. 615 (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., 309 Neb. 202 (Neb. 2021). · cites it 7× “A waiver of a jury trial in district court is statutorily governed by Neb. Rev. Stat. § 25-1126 (Reissue 2016), which provides an exclusive list of the manners in which a waiver occurs.”
Schmid v. Simmons, 311 Neb. 48 (Neb. 2022). · cites it 6× “” 25 The appeal was originally docketed with the Nebraska Court of Appeals, which held that under such circumstances, there was a valid jury waiver.”
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 (Neb. 2022). · cites it 6× “” 25 The appeal was originally docketed with the Nebraska Court of Appeals, which held that under such circumstances, there was a valid jury waiver.”
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., 309 Neb. 202 (Neb. 2021). “A waiver of a jury trial in district court is statutorily governed by Neb. Rev. Stat. § 25-1126 (Reissue 2016), which provides an exclusive list of the manners in which a waiver occurs.”
Jacobson v. Shresta, 288 Neb. 615 (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.”
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