Nebraska Revised Statutes

Neb. Rev. Stat. § 29-1407.01 (2026)

Grand jury proceedings; reporter; duties; transcript; exhibits; statements; availability

✓ current as of July 2026

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(1) A certified or authorized reporter shall be present at all grand jury sessions. All grand jury proceedings and testimony from commencement to adjournment shall be reported. Except as otherwise provided in this section, no copies of transcripts of, or exhibits from, such proceedings shall be made available.

(2) Except as provided in subsection (3) of this section:

(a) The reporter's stenography notes and tape recordings shall be preserved and sealed and any transcripts which may be prepared shall be preserved, sealed, and filed with the court;

(b) No release or destruction of the notes or transcripts shall occur without prior court approval; and

(3)(a) This subsection applies to a grand jury impaneled pursuant to subsection (4) of section 29-1401.

(b) A transcript, including any exhibits of the grand jury proceedings, and a copy of such transcript and copies of such exhibits shall be prepared at court expense and shall be filed with the court. Such transcript shall not include the names of grand jurors or their deliberations.

(c) If the grand jury returns a no true bill, a copy of the transcript, including a copy of any exhibits, shall be available for public review upon written request to the clerk of the district court. Such review shall be made at a reasonable time set by the clerk of the district court. Except as otherwise provided in this subdivision, no copies of such transcript or exhibits shall be made available.

(d)(i) If the grand jury returns a true bill, once a trial court is assigned and the criminal case docketed, any of the parties to the criminal case, within five days of the criminal case being docketed, may file a motion for a protective order requesting a hearing before the trial court to request a delay of the public review of the transcript, including any exhibits, of the grand jury proceedings. Except as otherwise provided in this subdivision, no copies of such transcript or exhibits shall be made available.

(ii) If after a hearing the trial court grants the request for a protective order, then any public review of the transcript, including any exhibits, of the grand jury proceedings shall not take place until the conclusion of the criminal prosecution. Conclusion of the criminal prosecution means an acquittal, a dismissal, or, if there is a conviction, when the direct appeal process has concluded. Once the criminal prosecution has concluded, a copy of the transcript, including a copy of any exhibits, shall be available for public review upon written request to the clerk of the district court. Such review shall be made at a reasonable time set by the clerk of the district court. Except as otherwise provided in this subdivision, no copies of such transcript or exhibits shall be made available.

(iii) If after a hearing the trial court denies the request for a protective order, then a copy of the transcript, including a copy of any exhibits, shall be available for public review once the trial court's order is filed and upon written request to the clerk of the district court. Such review shall be made at a reasonable time set by the clerk of the district court. Except as otherwise provided in this subdivision, no copies of such transcript or exhibits shall be made available.

(iv) If no party to the criminal case files a motion for a protective order within the time provided in subdivision (3)(d)(i) of this section, then a copy of the transcript, including a copy of any exhibits, shall be available for public review upon written request to the clerk of the district court. Such review shall be made at a reasonable time set by the clerk of the district court. Except as otherwise provided in this subdivision, no copies of such transcript or exhibits shall be made available.

(4) Upon application by the prosecutor or by any witness after notice to the prosecutor, the court, for good cause, may enter an order to furnish to that witness a transcript of his or her own grand jury testimony or exhibits relating thereto.

(5) Any witness summoned to testify before a grand jury, or an attorney for such witness with the witness's written approval, shall be entitled, prior to testifying, to examine and copy at the witness's expense any statement in the possession of the prosecuting attorney or the grand jury which such witness has made that relates to the subject matter under inquiry by the grand jury. If a witness is proceeding in forma pauperis, he or she shall be furnished, upon request, a copy of such transcript and shall not pay a fee.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1993–2023 · leading case: State v. Douglas Cnty. Dist. Court (In Re Grand Jury of Douglas Cnty.), 302 Neb. 128 (Neb. 2019).

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State v. Douglas Cnty. Dist. Court (In Re Grand Jury of Douglas Cnty.), 302 Neb. 128 (Neb. 2019). · cites it 22× “2 On its own motion and without a hearing, pursuant to Neb. Rev. Stat. § 29-1407.01 (2)(b) (Reissue 2016), the district court ordered that a transcript of the grand jury proceedings be prepared and made available for public review in the office of the clerk of district court.”

State v. McKinney, 730 N.W.2d 74 (Neb. Ct. App. 2007). · cites it 8× “At trial, McKinney argued that the State violated Neb. Rev. Stat. § 29-1407.01 (2) (Reissue 1995) and that the district court should dismiss the indictment against her, grant her motion for mistrial, or give a jury instruction regarding the prosecutorial misconduct.”

State v. Lancaster Cnty. Dist. Court, 693 N.W.2d 285 (Neb. 2005). · cites it 5× “Section 29-1407.01(1) provides in part: “No release or destruction of the notes or transcripts [of grand jury proceedings] shall occur without prior court approval.”

In re Grand Jury of Douglas Cty., 302 Neb. 128 (Neb. 2019). · cites it 23× “01 (2)(b) (Reissue 2016), the district court ordered that a transcript of the grand jury proceedings be pre- pared and made available for public review in the office of the clerk of district court. The following day, the special prosecu- tor filed a motion requesting that the…”

In Re Grand Jury of Douglas Cnty., 644 N.W.2d 858 (Neb. 2002). · cites it 4× “Section 29-1407.01 provides in part: “No release or destruction of the notes or transcripts shall occur without prior court approval.”

Chambers v. Douglas Cnty. Dist. Court, 509 N.W.2d 212 (Neb. 1993). · cites it 2× “Neb. Rev. Stat. § 29-1407.01 (1) (Reissue 1989).”

State v. Ponzo (Del. Super. Ct. 2023). “§ 46-11-316 (1) (West); Neb. Rev. Stat. Ann. § 29-1407.01 (1) (West); Nev.”

— Neb. Rev. Stat. § 29-1407.01(1) — 1 case

State v. Lancaster Cnty. Dist. Court, 693 N.W.2d 285 (Neb. 2005). “Section 29-1407.01(1) provides in part: “No release or destruction of the notes or transcripts [of grand jury proceedings] shall occur without prior court approval.”

— Neb. Rev. Stat. § 29-1407.01(2) — 3 cases

State v. McKinney, 730 N.W.2d 74 (Neb. Ct. App. 2007). “At trial, McKinney argued that the State violated Neb. Rev. Stat. § 29-1407.01 (2) (Reissue 1995) and that the district court should dismiss the indictment against her, grant her motion for mistrial, or give a jury instruction regarding the prosecutorial misconduct.”

In Re Grand Jury of Douglas Cnty., 644 N.W.2d 858 (Neb. 2002). “Section 29-1407.01 provides in part: “No release or destruction of the notes or transcripts shall occur without prior court approval.”

— Neb. Rev. Stat. § 29-1407.01(2)(b) — 2 cases

State v. Douglas Cnty. Dist. Court (In Re Grand Jury of Douglas Cnty.), 302 Neb. 128 (Neb. 2019). “2 On its own motion and without a hearing, pursuant to Neb. Rev. Stat. § 29-1407.01 (2)(b) (Reissue 2016), the district court ordered that a transcript of the grand jury proceedings be prepared and made available for public review in the office of the clerk of district court.”

In re Grand Jury of Douglas Cty., 302 Neb. 128 (Neb. 2019). “01 (2)(b) (Reissue 2016), the district court ordered that a transcript of the grand jury proceedings be pre- pared and made available for public review in the office of the clerk of district court. The following day, the special prosecu- tor filed a motion requesting that the…”

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