Nebraska Revised Statutes

Neb. Rev. Stat. § 27-402 (2026)

Rule 402. Relevant evidence admissible; exceptions; irrelevant evidence inadmissible

✓ current as of July 2026
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All relevant evidence is admissible except as otherwise provided by the Constitution of the United States or the State of Nebraska, by Act of Congress or of the Legislature of the State of Nebraska, by these rules, or by other rules adopted by the Supreme Court of Nebraska which are not in conflict with laws governing such matters. Evidence which is not relevant is not admissible.

Notes of Decisions
Cited in 109 cases (14 in the last 5 years), 1982–2026 · leading case: State v. Stubbendieck, 302 Neb. 702 (Neb. 2019).
State v. Stubbendieck, 302 Neb. 702 (Neb. 2019). · cites it 4× “As such, Stubbendieck contends that under Neb. Rev. Stat. § 27-402 (Reissue 2016), Elieff's testimony is inadmissible.”
State v. Rocha, 890 N.W.2d 178 (Neb. 2017). · cites it 2× “402, Neb. Rev. Stat. § 27-402 (Reissue 2016). 10 Neb.”
State v. Munoz, 303 Neb. 69 (Neb. 2019). · cites it 2× “402, Neb. Rev. Stat. § 27-402 (Reissue 2016). Neb.”
State v. Henry, 875 N.W.2d 374 (Neb. 2016). · cites it 2× “But we conclude, in any case, that the text messages were properly admitted into evidence. Regardless of whether the proponent or the trial court articulated no theory or the wrong theory of admissibility, an appellate court may affirm the 61 State v.”
State v. Hernandez, 299 Neb. 896 (Neb. 2018). · cites it 2× “49 To be relevant, evidence must be probative and material.50 Evidence is probative if it has any tendency to make the existence of a fact more or less probable than it would be without the evi- dence.”
State v. Brown, 302 Neb. 53 (Neb. 2019). · cites it 2× “402, Neb. Rev. Stat. § 27-402 (Reissue 2016) ; Lindsay Internat.”
State v. Jacob, 574 N.W.2d 117 (Neb. 1998). · cites it 6× “402 and 403, Neb.Rev.Stat. §§ 27-402 and 27-403 (Reissue 1995).”
Lindsay Int'l Sales & Serv., LLC v. Wegener, 301 Neb. 1 (Neb. 2018). · cites it 2× “402, Neb. Rev. Stat. § 27-402 (Reissue 2016) ; Richardson v.”
State v. Schreiner, 754 N.W.2d 742 (Neb. 2008). · cites it 2× “402, Neb. Rev. Stat. § 27-402 (Reissue 1995). [54] State v.”
Blue Valley Coop. v. Nat'l Farmers Org., 600 N.W.2d 786 (Neb. 1999). · cites it 4× “The facts of consequence in this case were (1) whether an enforceable written or oral contract existed between the parties, (2) whether the enforceable provisions of such a contract were breached and by whom, (3) whether NFO’s com was damaged while in BVC’s custody and to what…”
State v. Edwards, 767 N.W.2d 784 (Neb. 2009). · cites it 2× “402, Neb. Rev. Stat. § 27-402 (Reissue 2008). [76] See Neb.”
State v. Sellers, 777 N.W.2d 779 (Neb. 2010). · cites it 2× “[22] Neb.Rev.Stat. § 27-402 (Reissue 2008). [23] Neb.”
— Neb. Rev. Stat. § 27-402(2) — 2 cases
State v. Yager, 461 N.W.2d 741 (Neb. 1990).
State v. Stephens, 466 N.W.2d 781 (Neb. 1991).
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