Neb. Rev. Stat. » Chapter 27
Nebraska Revised Statutes

Neb. Rev. Stat. § 27-1101 (2026)

Rule 1101. Applicability of rules; courts; proceedings generally; rules inapplicable; grand jury, miscellaneous proceedings; rules applicable in part

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) The Nebraska Evidence Rules apply to the following courts in the State of Nebraska: Supreme Court, Court of Appeals, district courts, county courts, and juvenile courts. The word judge when used in the rules shall mean any judge of any court to which the rules apply or other officer who is authorized by statute to hold any hearing to which the rules apply.

(2) The rules apply generally to all civil and criminal proceedings, including contempt proceedings except those in which the judge may act summarily.

(3) The rules with respect to privileges apply at all stages of all actions, cases, and proceedings.

(4) The rules, other than those with respect to privileges, do not apply in the following situations:

(a) Proceedings before grand juries;

(b) Proceedings for extradition or rendition; preliminary examinations or hearings in criminal cases; sentencing, granting or revoking probation, or imposing custodial sanctions; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise;

(c) Contested cases before an administrative agency under the Administrative Procedure Act unless a party to the case requests that the agency be bound by the rules of evidence applicable in the district court; or

(d) Proceedings before the Nebraska Workers' Compensation Court or the Small Claims Court.

Notes of Decisions
Cited in 43 cases (6 in the last 5 years), 1976–2024 · leading case: State v. Rush, 11 N.W.3d 394 (Neb. 2024).
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State v. Rush, 11 N.W.3d 394 (Neb. 2024). · cites it 14× “§ 27-1101 (4)(b) (Reissue 2016) was meant to carry a special or limited meaning; thus, courts look to its ordinary meaning.”
State v. Anderson, 943 N.W.2d 690 (Neb. 2020). · cites it 2× “As already stated, with or without the victim’s testimony, there was probable cause to conclude that a crime was committed.”
State v. Oliveira-Coutinho, 933 N.W.2d 825 (Neb. 2019). · cites it 4× “With regard to the remaining claims that we have not specifically addressed above, we have reviewed such claims and the district court’s disposition of those claims.”
Paw K. v. Christian G., 1 N.W.3d 467 (Neb. 2024). · cites it 5× “Nicholas Family, 35 we upheld the admission of the affidavits with respect to attorney fees even though it was “‘beyond question’” that they contained hearsay.”
State v. Barker, 420 N.W.2d 695 (Neb. 1988). · cites it 4× “1101(4)(b) ( Neb. Rev. Stat. § 27-1101 (4)(b) (Reissue 1985)).”
State v. Wilson, 556 N.W.2d 643 (Neb. Ct. App. 1996). · cites it 8× “1101, Neb. Rev. Stat. § 27-1101 (Reissue 1995), provides that the evidence rules apply generally to all civil and criminal proceedings before the district courts, except that the rules, other than the privilege rules, do not apply in the situations enumerated in § 27-1101(4).”
In re Interest of JS, 417 N.W.2d 147 (Neb. 1987). · cites it 2× “1101(1) ( Neb. Rev. Stat. § 27-1101 (1) (Reissue 1985)) concerning applicability of the Nebraska Evidence Rules in certain courts, “These rules apply to .”
Kimball v. Neb. Dept. of Motor Vehs., 586 N.W.2d 439 (Neb. 1998). · cites it 5× “(c) [c]ontested cases before an administrative agency under the Administrative Procedure Act unless a party to the case requests that the agency be bound by the rules of evidence applicable in the district court.”
Fite v. Ammco Tools, Inc., 258 N.W.2d 922 (Neb. 1977). · cites it 3× “See, §§ 27-1101 (4) (d) and 48-168, R. R. S. 1943.”
State v. Schmidt, 562 N.W.2d 859 (Neb. Ct. App. 1997). · cites it 2× “See, Neb. Rev. Stat. § 27-1101 (4) (Reissue 1995); State v.”
Joyce S. v. Frank S., 571 N.W.2d 801 (Neb. Ct. App. 1997). · cites it 2× “Neb. Rev. Stat. § 27-1101 (Reissue 1995) provides the Nebraska rules of evidence apply to all actions in district court except those in which a judge may act summarily.”
Phillips v. Monroe Auto Equip. Co., 558 N.W.2d 799 (Neb. 1997). · cites it 3× “We observed in Fite that given the beneficent purposes of the Nebraska Workers’ Compensation Act, in its exemption from the rules of evidence, see Neb. Rev. Stat. § 27-1101 (4)(d) (Reissue 1995), the compensation court is empowered to admit evidence not admissible in the trial…”
Show all 43 citing cases →
Neb. Rev. Stat. § 27-1101(2): 2 cases
State v. Rush, 11 N.W.3d 394 (Neb. 2024). “§ 27-1101 (4)(b) (Reissue 2016) was meant to carry a special or limited meaning; thus, courts look to its ordinary meaning.”
Paw K. v. Christian G., 1 N.W.3d 467 (Neb. 2024). “Nicholas Family, 35 we upheld the admission of the affidavits with respect to attorney fees even though it was “‘beyond question’” that they contained hearsay.”
Neb. Rev. Stat. § 27-1101(4): 5 cases
Paw K. v. Christian G., 1 N.W.3d 467 (Neb. 2024). “Nicholas Family, 35 we upheld the admission of the affidavits with respect to attorney fees even though it was “‘beyond question’” that they contained hearsay.”
State v. Wilson, 556 N.W.2d 643 (Neb. Ct. App. 1996). “1101, Neb. Rev. Stat. § 27-1101 (Reissue 1995), provides that the evidence rules apply generally to all civil and criminal proceedings before the district courts, except that the rules, other than the privilege rules, do not apply in the situations enumerated in § 27-1101(4).”
Scott v. State ex rel. Bd. of Nursing, 244 N.W.2d 683 (Neb. 1976).
Phillips v. Monroe Auto Equip. Co., 558 N.W.2d 799 (Neb. 1997). “We observed in Fite that given the beneficent purposes of the Nebraska Workers’ Compensation Act, in its exemption from the rules of evidence, see Neb. Rev. Stat. § 27-1101 (4)(d) (Reissue 1995), the compensation court is empowered to admit evidence not admissible in the trial…”
State v. Bunner, 453 N.W.2d 97 (Neb. 1990).
Neb. Rev. Stat. § 27-1101(4)(b): 6 cases
State v. Rush, 11 N.W.3d 394 (Neb. 2024). “§ 27-1101 (4)(b) (Reissue 2016) was meant to carry a special or limited meaning; thus, courts look to its ordinary meaning.”
State v. Barker, 420 N.W.2d 695 (Neb. 1988). “1101(4)(b) ( Neb. Rev. Stat. § 27-1101 (4)(b) (Reissue 1985)).”
State v. Wilson, 556 N.W.2d 643 (Neb. Ct. App. 1996). “1101, Neb. Rev. Stat. § 27-1101 (Reissue 1995), provides that the evidence rules apply generally to all civil and criminal proceedings before the district courts, except that the rules, other than the privilege rules, do not apply in the situations enumerated in § 27-1101(4).”
State v. Clark, 598 N.W.2d 765 (Neb. Ct. App. 1999).
State v. Piper, 855 N.W.2d 1 (Neb. 2014).
Neb. Rev. Stat. § 27-1101(4)(c): 1 case
Kimball v. Neb. Dept. of Motor Vehs., 586 N.W.2d 439 (Neb. 1998). “(c) [c]ontested cases before an administrative agency under the Administrative Procedure Act unless a party to the case requests that the agency be bound by the rules of evidence applicable in the district court.”
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