(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, 29 Neb. Ct. App. 563 (Neb. Ct. App. 2021).
State v. Montoya, 29 Neb. Ct. App. 563 (Neb. Ct. App. 2021).
· cites it 14× “On October 18, 2019, the State filed a motion to amend the information, and later that day, Montoya filed a demand for a jury trial under Neb. Rev. Stat. § 25-2705 (Reissue 2016).”
State v. Catlin, 308 Neb. 294 (Neb. 2021).
· cites it 11× “The district court affirmed the county court’s judgment, rea- soning, among other things, that Neb. Rev. 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, 307 Neb. 400 (Neb. 2020).
· cites it 8× “For a conviction under the battery ordinance, a pen- alty ordinance 6 prescribed a maximum penalty of 6 months’ imprisonment, a $500 fine, or both, 7 and directed that the 1 Neb. Rev. Stat. § 25-2705 (Reissue 2016).”
Eagle Partners, L.L.C. 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. 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× “Neb. Rev. Stat. § 25-2705 (Reissue 2016) precludes a defendant from obtaining a jury trial in a prosecution for the violation of a municipal ordinance.”
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, 288 Neb. 615 (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, 308 Neb. 294 (Neb. 2021).
“The district court affirmed the county court’s judgment, rea- soning, among other things, that Neb. Rev. 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, 29 Neb. Ct. App. 563 (Neb. Ct. App. 2021).
“On October 18, 2019, the State filed a motion to amend the information, and later that day, Montoya filed a demand for a jury trial under Neb. Rev. Stat. § 25-2705 (Reissue 2016).”
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treatment. Dots show Syfertize treatment of the citing case itself.