The clerk of the district court shall, upon the filing of any indictment with him or her and after the person indicted is in custody or let to bail, cause the same to be entered on the record of the court, and in case of the loss of the original, such record or a certified copy thereof shall be used in place thereof upon the trial of the cause. Within twenty-four hours after the filing of an indictment for felony, and in every other case on request, the clerk shall make and deliver to the sheriff and the defendant or his or her counsel a copy of the indictment, and the sheriff on receiving such copy shall serve the same upon the defendant. No one shall be, without his or her assent, arraigned or called on to answer to any indictment until one day has elapsed after receiving in person or by counsel or having an opportunity to receive a copy of such indictment.
Notes of Decisions
Cited in
19
cases (
1 in the last 5 years), 1933–2026 · leading case:
State v. Schanaman, 835 N.W.2d 66 (Neb. 2013).
State v. Schanaman, 835 N.W.2d 66 (Neb. 2013).
· cites it 38× “Neb. Rev. Stat. § 29-1802 (Reissue 2008) does not apply to complaints in county court.”
State v. Vanderpool, 835 N.W.2d 52 (Neb. 2013).
· cites it 2× “Neb. Rev. Stat. § 29-1802 (Reissue 2008) does not apply to complaints in county court.”
Lingo v. Hann, 71 N.W.2d 716 (Neb. 1955).
· cites it 6× “1943, to a charge of robbery from the person by putting in fear.”
State v. Nearhood, 448 N.W.2d 399 (Neb. 1989).
· cites it 4× “In addition, Nearhood complains that his initial attorney failed to object to proceeding on the amended information immediately after the amendment was made.”
Hawk v. State, 39 N.W.2d 561 (Neb. 1949).
· cites it 4× “In compliance with said sections the petitioner was served with a copy of the information by the warden of the Leavenworth penitentiary on February 20, 1936.”
Duggan v. Olson, 19 N.W.2d 353 (Neb. 1945).
· cites it 4× “718 : “The right of a defendant, under section 29-1802, Comp. St. 1929, (now section 29-1802, R.”
Shepperd v. State, 96 N.W.2d 261 (Neb. 1959).
· cites it 4× “Section 29-1802, R. R. S. 1943, provides: “The clerk of the district court shall, upon the filing of any indictment with him, and after the person indicted is in custody or let to bail, cause the same to be entered of record on the journal of the court; * * *.”
State v. Miles, 274 N.W.2d 153 (Neb. 1979).
· cites it 2× “We note first of all that no issue to that effect was raised in his motion to vacate sentence, his only complaint being that counsel was not appointed for him.”
Svehla v. State, 96 N.W.2d 649 (Neb. 1959).
· cites it 2× “Section 29-1802, R. R. S. 1943, provides in part: “Within twenty-four hours after the filing of an indictment for felony, * * * the clerk shall make and deliver to the sheriff, the defendant or his counsel a copy of the indictment, and the sheriff on receiving such copy shall…”
State v. Ferrell, 434 N.W.2d 331 (Neb. 1989).
· cites it 2× “The second assignment of error relates to the hearing on the defendant’s motion for postconviction relief.”
State v. High, 407 N.W.2d 772 (Neb. 1987).
· cites it 2× “On September 5, 1986, defendant was sentenced to the Department of Correctional Services for a period of imprisonment of not less than 1 nor more than 2 years.”
State v. Collins, 321 Neb. 381 (Neb. 2026).
· cites it 6× “This apparently fol- lowed from the fact that the State had failed to serve Collins with the information as required by Neb. Rev. Stat. § 29-1802 (Cum. Supp. 2024), which provides, in part, that “[n]o one shall be, without his or her assent, arraigned or called on to answer to…”
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