(1) Either
party to any case in county court, except criminal cases arising under city
or village ordinances, traffic infractions, other infractions, and any matter
arising under the Nebraska Probate Code or the Nebraska Uniform Trust Code,
may demand a trial by jury. In civil cases, the demand shall be in writing
and shall be filed with the court:
(a) By a plaintiff
on the date the complaint is filed with the court;
(b) By a defendant on
or before the date the answer is filed with the court;
(c) By a counterclaimant
on the date the counterclaim is filed with the court;
(d) By a counterclaim
defendant on or before the date the reply to the counterclaim is filed with
the court;
(e) By a third-party plaintiff on the date the third-party complaint
is filed with the court;
(f) By a third-party defendant on or before the date the answer
to the third-party complaint is filed with the court;
(g) By a cross-claimant
on the date the cross-claim is filed with the court; and
(h) By a cross-claim
defendant on or before the date the answer to the cross-claim is filed with
the court.
(2) All
provisions of law relating to juries in the district courts shall apply to
juries in the county courts, and the district court jury list shall be used,
except that juries in the county courts shall consist of six persons.
Notes of Decisions
Cited in
18
cases (
3 in the last 5 years), 1992–2022 · leading case:
State v. Montoya, 957 N.W.2d 190 (Neb. Ct. App. 2021).
State v. Montoya, 957 N.W.2d 190 (Neb. Ct. App. 2021).
· cites it 14× “In civil cases, the demand shall be in writing and shall be filed with the court: - 574 - Nebraska Court of Appeals Advance Sheets 29 Nebraska Appellate Reports STATE v.”
State v. Catlin, 953 N.W.2d 563 (Neb. 2021).
· cites it 11× “Stat. § 25-2705 (1) (Reissue 2016) dictates that persons charged with violating city ordinances do not have a right to a jury trial.”
State v. Denton, 949 N.W.2d 344 (Neb. 2020).
· cites it 8× “010(b) (1997) (battery ordinance). 3 See Lincoln Mun. Code § 9.36.100 (2008) (firearm ban ordinance).”
Eagle Partners, L.L.C. v. Rook, 921 N.W.2d 98 (Neb. 2018).
· cites it 2× “On cross-appeal, Keller assigns that (1) the district court abused its discretion in denying its request for attorney fees and costs pursuant to § 25-824 and (2) Neb. Rev. Stat. § 25-2705 (Reissue 2016) violates Neb.”
State v. Wiltshire, 491 N.W.2d 324 (Neb. 1992).
· cites it 5× “This court’s denial of jury trials in enhanced DWI cases is based on Neb. Rev. Stat. § 25-2705 (Reissue 1989), which provides, in pertinent part: “Either party to any case in county court, except criminal cases arising under city or village ordinances, [and\ traffic infractions .”
Dollison v. Mercy Servs. Corp., 584 N.W.2d 674 (Neb. Ct. App. 1998).
· cites it 18× “Dollison also points to the provisions of Neb.Rev.Stat. § 25-2705 (Reissue 1995) to argue that all parties in county court are entitled to a jury trial, with limited exceptions.”
State v. Roebuck, 976 N.W.2d 218 (Neb. Ct. App. 2022).
· cites it 5× “When a defendant’s trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel’s ineffective performance which is known to the defendant or is apparent from the record.”
State v. Cozzens, 490 N.W.2d 184 (Neb. 1992).
· cites it 3× “] Further, the Nebraska Legislature has enacted Neb. Rev. Stat. § 25-2705 (Reissue 1989), which in pertinent part provides: “Either party to any case in county court, except criminal cases arising under city or village ordinances, traffic infractions, other infractions .”
Jacobson v. Shresta, 849 N.W.2d 515 (Neb. 2014).
· cites it 3× “10 But unless a party makes a demand in county court, the statutory right to a jury trial is waived.11 The only exception to the demand requirement in county court is for misdemeanor cases that carry the possi- bility of serious punishment.”
State v. James Denelsbeck(075170), 137 A.3d 462 (N.J. 2016).
“Nebraska provides that “[e]ither party to any case in county court, except criminal cases arising under city or village ordinances, traffic infractions, other infractions, and any matter arising under the Nebraska Probate Code or the Nebraska Uniform Trust Code, may demand a…”
Eagle Partners v. Rook, 301 Neb. 947 (Neb. 2018).
· cites it 2× “On cross-appeal, Keller assigns that (1) the district court abused its discretion in denying its request for attorney fees and costs pursuant to § 25-824 and (2) Neb. Rev. Stat. § 25-2705 (Reissue 2016) violates Neb.”
State v. Golden, 599 N.W.2d 224 (Neb. Ct. App. 1999).
· cites it 3× “Neb. Rev. Stat. § 25-2705 (Reissue 1995) provides that “[e]ither party to any case in county court, except criminal cases arising under city or village ordinances, traffic infractions, [and] other infractions .”
Neb. Rev. Stat. § 25-2705(1): 1 case
State v. Catlin, 953 N.W.2d 563 (Neb. 2021).
“Stat. § 25-2705 (1) (Reissue 2016) dictates that persons charged with violating city ordinances do not have a right to a jury trial.”
Neb. Rev. Stat. § 25-2705(2): 1 case
State v. Montoya, 957 N.W.2d 190 (Neb. Ct. App. 2021).
“In civil cases, the demand shall be in writing and shall be filed with the court: - 574 - Nebraska Court of Appeals Advance Sheets 29 Nebraska Appellate Reports STATE v.”
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.