Nebraska Revised Statutes
Neb. Rev. Stat. § 29-1607 (2026)
Information; preliminary examination; required; when
✓ current as of July 2026
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No information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor, as provided by law, unless such person shall waive his or her right to such examination, except as otherwise provided in the Uniform Criminal Extradition Act. The preliminary examination shall be conducted as soon as the nature and the circumstances of the case will permit.
Notes of Decisions
Cited in 26
cases (3 in the last 5 years), 1945–2024 · leading case: State v. Boslau, 601 N.W.2d 769 (Neb. 1999).
State v. Boslau, 601 N.W.2d 769 (Neb. 1999). “,” Neb. Rev. Stat. § 29-1607 (Reissue 1995).”
State v. Anderson, 305 Neb. 978 (Neb. 2020). “A full adversarial hearing in which witnesses are called is not required for a determination of probable cause in a preliminary hearing under Neb. Rev. Stat. § 29-1607 (Reissue 2016).”
State v. Hayes, 639 N.W.2d 418 (Neb. Ct. App. 2002). “” However, Neb. Rev. Stat. § 29-1607 (Reissue 1995) provides that “[n]o information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor .”
State v. Carrera, 25 Neb. Ct. App. 650 (Neb. Ct. App. 2018). “See, also, Neb. Rev. Stat. § 29-1607 (Reissue 2016).”
Parsons v. McCann, 138 F. Supp. 3d 1086 (D. Neb. 2015). “If the prosecuting attorney shall determine in any such case that an information ought not to be filed, he shall make, subscribe, and file with the clerk of the court a statement in writing, containing his reasons, in fact and in law, for not filing an information in such…”
State v. Thomas, 459 N.W.2d 204 (Neb. 1990). “attorney, after noting that the pleading filed September 11, 1987, was called an information, pointed out at the preliminary hearing that the “matter should properly be before the Court on a Complaint” and that defendant would not object to proceeding with the hearing as long as…”
Otte v. State, 108 N.W.2d 737 (Neb. 1961). “1943, clearly contemplates that prosecutions brought in the district court must be brought upon information regardless of whether the crime charged is a felony or a misdemeanor. We hold this contention to be without merit.”
State v. Hofmann, 967 N.W.2d 435 (Neb. 2021). “However, Hofmann points out that under Neb. Rev. Stat. § 29-1607 (Reissue 2016), “[n]o information shall be filed against any person for any offense until such person shall have had a preliminary examination .”
State v. DeJesus, 347 N.W.2d 111 (Neb. 1984). “First, the defendant alleges the trial court erred in conducting the arraignment of the defendant without having had a preliminary hearing pursuant to Neb. Rev. Stat. §29-1607 (Reissue 1979). The record shows that on March 3, 1983, the defendant was brought before the trial…”
State v. Simants, 236 N.W.2d 794 (Neb. 1975). “The evidence in the hearing before the District Judge consisted principally of the testimony of the county judge who had entered the prior order and copies of numerous news articles from newspapers printed or circulated in the county where the crime occurred.”
Lingo v. Hann, 71 N.W.2d 716 (Neb. 1955). “See § 29-1607, R. R. S. 1943, as to a preliminary hearing and the right thereto.”
Rorerts v. State, 17 N.W.2d 666 (Neb. 1945). “1943, provides that “No information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor, * * * unless such person shall waive his right to such examination; * * * .” Under this provision we have held that it is…”
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