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Nebraska Revised Statutes

Neb. Rev. Stat. § 29-1812 (2026)

Defects; when considered waived

✓ current as of July 2026
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The accused shall be taken to have waived all defects which may be excepted to by a motion to quash, or a plea in abatement, by demurring to an indictment or pleading in bar or the general issue.

Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1945–2023 · leading case: State v. Valencia, 290 N.W.2d 181 (Neb. 1980).
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State v. Valencia, 290 N.W.2d 181 (Neb. 1980). · cites it 8× “" Finally, section 29-1812, R.R.S.1943, provides: "The accused shall be taken to have waived all defects which may be excepted to by a motion to quash, or a plea in abatement, by demurring to an indictment or pleading in bar or the general issue.”
State v. Liston, 712 N.W.2d 264 (Neb. 2006). · cites it 9× “Pursuant to Neb. Rev. Stat. § 29-1812 (Reissue 1995), this court has held that once a defendant has entered a plea, or a plea is entered for the defendant by the court, the defendant waives all facial constitutional challenges to a statute unless that defendant asks leave of the…”
State v. Johnson, 988 N.W.2d 159 (Neb. 2023). · cites it 2× “In doing so, we said that the “failure to give a prisoner a preliminary examination does not oust the district court of jurisdiction” but is a “mere defect in the proceedings,” which, pursuant to Neb. Rev. Stat. § 29-1812 (Reissue 2016), may be excepted to by a motion to quash,…”
Nelson v. State, 94 N.W.2d 1 (Neb. 1959). · cites it 7× “” § 29-1812, R. R. S. 1943. The State then contends that section 29-1812, R.”
State v. Golgert, 395 N.W.2d 520 (Neb. 1986). · cites it 2× “Next, the State argues that Golgert, by his nolo contendere plea, has waived any defect of the complaint regarding the omitted allegation that operation or actual physical control occurred on a public highway, and directs our attention to Neb. Rev. Stat. § 29-1812 (Reissue…”
State v. Severin, 553 N.W.2d 452 (Neb. 1996). · cites it 2× “Neb. Rev. Stat. § 29-1812 (Reissue 1995) provides that a defendant who pleads to the general issue waives all defects which might have been attacked by a motion to quash.”
State v. Carpenter, 551 N.W.2d 518 (Neb. 1996). · cites it 2× “See, also, Neb. Rev. Stat. § 29-1812 (Reissue 1995).”
State v. Owen, 510 N.W.2d 503 (Neb. Ct. App. 1993). · cites it 2× “See Neb. Rev. Stat. § 29-1812 (Reissue 1989) (by pleading the general issue, the accused shall be taken to have waived all defects which may be excepted to by a motion to quash).”
State v. McIntyre, 290 Neb. 1021 (Neb. 2015). · cites it 3× “” Thus, we have held that a defendant’s failure to move to quash an infor- mation generally waives any objections to it.”
State v. Conklin, 545 N.W.2d 101 (Neb. 1996). · cites it 2× “See, also, Neb. Rev. Stat. § 29-1812 (Reissue 1989).”
State v. Coleman, 311 N.W.2d 911 (Neb. 1981). · cites it 2× “” The effect of failing to object, as provided for in § 29-1808, is as provided for by Neb. Rev. Stat. § 29-1812 (Reissue 1979) which states: “The accused shall be taken to have waived all defects which may be excepted to by a motion to quash, or a plea in abatement, by…”
State v. Ninneman, 140 N.W.2d 5 (Neb. 1966). · cites it 4× “Section 29-1812, R.R.S.1943, provides: "The accused shall be taken to have waived all defects which may be excepted to by a motion to quash, or a plea in abatement, by demurring to an indictment or pleading in bar or the general issue.”
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