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

Neb. Rev. Stat. § 29-1301 (2026)

Venue; change; when allowed

✓ current as of July 2026
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All criminal cases shall be tried in the county where the offense was committed, except as otherwise provided in section 25-412.03 or sections 29-1301.01 to 29-1301.04, or unless it shall appear to the court by affidavits that a fair and impartial trial cannot be had therein. In such case the court, upon motion of the defendant, shall transfer the proceeding to any other district or county in the state as determined by the court.

Notes of Decisions
Cited in 58 cases (8 in the last 5 years), 1932–2024 · leading case: State v. Mueller, 301 Neb. 778 (Neb. 2018).
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State v. Mueller, 301 Neb. 778 (Neb. 2018). · cites it 3× “Under Neb. Rev. Stat. § 29-1301 (Reissue 2016), unless certain exceptions apply, all criminal cases are to be tried in the county where the offense was committed.”
State v. Vejvoda, 438 N.W.2d 461 (Neb. 1989). · cites it 8× “Neb.Rev.Stat. § 29-1301 (Reissue 1985) provides that "[a]ll criminal cases shall be tried in the county where the offense was committed .”
State v. Mather, 646 N.W.2d 605 (Neb. 2002). · cites it 6× “Neb.Rev.Stat. § 29-1301 (Reissue 1995). Mather did not object at trial to a trial in a county other than where the offense was committed.”
State v. Godek, 981 N.W.2d 810 (Neb. 2022). · cites it 6× “” [15,16] The courts of the county where an offense is com- mitted have jurisdiction of the subject matter of the cause and jurisdiction to try the accused for the crime charged. 42 In a criminal case, proper venue is a jurisdictional fact that, in the absence of a defendant’s…”
State v. Warlick, 308 Neb. 656 (Neb. 2021). · cites it 4× “Venue is the place where a court’s inherent power to adjudicate may be exercised.”
State v. Ellis, 303 N.W.2d 741 (Neb. 1981). · cites it 4× “Neb.Rev.Stat. § 29-1301 (Reissue 1979). We have, however, by statute, created an exception to the general rule.”
State v. Schroeder, 777 N.W.2d 793 (Neb. 2010). · cites it 3× “See Neb.Rev.Stat. § 29-1301 (Reissue 2008). [14] § 29-1301.”
State v. Phelps, 490 N.W.2d 676 (Neb. 1992). · cites it 4× “However, Neb. Rev. Stat. § 29-1301.01 (Reissue 1989) provides that if an offense is committed against the person of another, the accused may be tried in the county in which the offense is committed, or in any county into or out of which the victim may have been brought in the…”
State v. Bradley, 461 N.W.2d 524 (Neb. 1990). · cites it 3× “Bradley also contends that as applied by this court, Nebraska’s statute concerning venue changes in criminal cases, Neb. Rev. Stat. § 29-1301 (Reissue 1989), conflicts with the due process requirements of the federal Constitution, and the district court thus erred in denying him…”
State v. Rodriguez, 726 N.W.2d 157 (Neb. 2007). · cites it 2× “Regarding a change of venue, Neb. Rev. Stat. § 29-1301 (Reissue 1995) provides: “All criminal cases shall be tried in the county where the offense was committed .”
State v. Young, 780 N.W.2d 28 (Neb. 2010). · cites it 2× “ERROR ASSIGNED IN PRO SE BRIEF (a) Venue In his supplemental pro se brief, Young argues that the State failed to prove venue pursuant to Neb.Rev.Stat. § 29-1301 (Reissue 2008), which provides that except in circumstances not applicable here, "[a]ll criminal cases shall be tried…”
State v. Dodson, 550 N.W.2d 347 (Neb. 1996). · cites it 4× “Neb.Rev.Stat. § 29-1301 (Reissue 1995). Proof of venue is essential in a criminal prosecution.”
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