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

✓ current as of July 2026
Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(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, 317 Neb. 622 (Neb. 2024).
Sort: Relevance Newest Treatment
State v. Rush, 317 Neb. 622 (Neb. 2024). · cites it 14× “There is no statutory indication the reference to preliminary hearings in Neb. Rev. Stat. § 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, 305 Neb. 978 (Neb. 2020). · cites it 2× “22 In an informal preliminary hearing, it does not violate the Confrontation Clause to rely on out-of-court statements to determine probable cause for pur- poses of continuing a defendant’s pretrial detention. 23 Nor is it clear how trial counsel’s inability to cross-examine the…”
State v. Oliveira-Coutinho, 304 Neb. 147 (Neb. 2019). · cites it 4× “Two other claims we do not think were specifically addressed by the district court were Oliveira-Coutinho’s claims that coun- sel was deficient (1) for failing to request a lesser-included offense instruction on the charge of accessory to a felony after the fact and (2) for…”
Paw K. v. Christian G., 315 Neb. 781 (Neb. 2024). · cites it 5× “Nicholas Family, 35 we upheld the admis- sion of the affidavits with respect to attorney fees even though it was “‘beyond question’” that they contained hear- say.”
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.”
State v. Jackson, 408 N.W.2d 720 (Neb. 1987). · cites it 2× “1101(4) ( Neb. Rev. Stat. § 27-1101 (4) (Reissue 1985)).”
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.”
Show all 43 citing cases →
— Neb. Rev. Stat. § 27-1101(2) — 2 cases
State v. Rush, 317 Neb. 622 (Neb. 2024). “There is no statutory indication the reference to preliminary hearings in Neb. Rev. Stat. § 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., 315 Neb. 781 (Neb. 2024). “Nicholas Family, 35 we upheld the admis- sion of the affidavits with respect to attorney fees even though it was “‘beyond question’” that they contained hear- say.”
— Neb. Rev. Stat. § 27-1101(4) — 5 cases
Paw K. v. Christian G., 315 Neb. 781 (Neb. 2024). “Nicholas Family, 35 we upheld the admis- sion of the affidavits with respect to attorney fees even though it was “‘beyond question’” that they contained hear- say.”
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).
State v. Bunner, 453 N.W.2d 97 (Neb. 1990).
— Neb. Rev. Stat. § 27-1101(4)(b) — 6 cases
State v. Rush, 317 Neb. 622 (Neb. 2024). “There is no statutory indication the reference to preliminary hearings in Neb. Rev. Stat. § 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 (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.”
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.