Neb. Rev. Stat. » Chapter 29
Nebraska Revised Statutes

Neb. Rev. Stat. § 29-1209 (2026)

Failure of defendant to move for discharge prior to trial or entry of plea; effect

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Failure of the defendant to move for discharge prior to trial or entry of a plea of guilty or nolo contendere shall constitute a waiver of the right to speedy trial.

Notes of Decisions
Cited in 9 cases, 1974–2014 · leading case: State v. Gibbs, 470 N.W.2d 558 (Neb. 1991).
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State v. Gibbs, 470 N.W.2d 558 (Neb. 1991). · cites it 5× “Gibbs now claims there was more than a 6-month delay between the filing of the original complaint and the preliminary hearing, the filing of the information, and the jury trial, constituting a violation of his constitutional right to a speedy trial and a violation of his right…”
State v. Hert, 224 N.W.2d 188 (Neb. 1974). · cites it 10× “f the Constitution of Nebraska, “No bill shall contain more than one subject, and the same shall be clearly expressed in the title,” were violated; (3) the defendant did not have effective assistance of counsel under the Sixth Amendment to the Constitution of the United States…”
State v. Dockery, 729 N.W.2d 320 (Neb. 2007). · cites it 2× “Neb. Rev. Stat. § 29-1209 (Reissue 1995) provides that “[f|ailure of the defendant to move for discharge prior to trial or entry of a plea of guilty or nolo contendere shall constitute a waiver of the right to speedy trial.”
State v. Kitt, 440 N.W.2d 234 (Neb. 1989). · cites it 2× “” Section 29-1209 provides: “Failure of the defendant to move for discharge prior to trial or entry of a plea of guilty or nolo contendere shall constitute a waiver of the right to speedy trial.”
State v. McNitt, 346 N.W.2d 259 (Neb. 1984). · cites it 3× “Neb. Rev. Stat. § 29-1209 (Reissue 1979) specifically provides: “Failure of the defendant to move for discharge prior to trial or entry of a plea of guilty or nolo contendere shall constitute a waiver of the right to speedy trial.”
State v. Kearns, 514 N.W.2d 844 (Neb. 1994). · cites it 4× “Section 29-1209 provides that “[fjailure of the defendant to move for discharge prior to trial or entry of a plea of guilty or nolo contendere shall constitute a waiver of the right to speedy trial.”
State v. Herngren, 590 N.W.2d 871 (Neb. Ct. App. 1999). · cites it 2× “The burden is upon the State to bring an accused to trial within the time provided by law, and if a defendant is not brought to trial within the 6 months provided for in § 29-1207, the defendant is entitled to an absolute discharge from the offense in the absence of an express…”
State v. Mortensen, No. S-12-454 (Neb. Jan. 10, 2014). · cites it 3× “See, § 29-1207(4)(b); Neb. Rev. Stat. § 29-1209 (Reissue 2008).”
State v. Wizinsky, No. A-13-362 (Neb. Ct. App. Dec. 31, 2013). · cites it 2× “§ 29-1209 (Reissue 2008) specifically provides that “[f]ailure of the defendant to move for discharge prior to trial or entry of a plea of guilty or nolo contendere shall constitute a waiver of the right to speedy trial.” Wizinsky’s pro se motion for discharge was filed on March…”
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