Neb. Rev. Stat. » Chapter 29

Neb. Rev. Stat. § 29-1816

Arraignment of accused; when considered waived; accused younger than eighteen years of age; move court to waive jurisdiction to juvenile court; findings for decision; transfer to juvenile court; effect; appeal; admission, confession, or statement made by the accused; inadmissible; when

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(1)(a) The accused may be arraigned in county court or district court:

(i) If the accused was eighteen years of age or older when the alleged offense was committed;

(ii) If the accused was younger than eighteen years of age and was fourteen years of age or older when an alleged offense punishable as a Class I, IA, IB, IC, ID, II, or IIA felony was committed; or

(iii) If the alleged offense is a traffic offense as defined in section 43-245.

(b) Arraignment in county court or district court shall be by reading to the accused the complaint or information, unless the reading is waived by the accused when the nature of the charge is made known to him or her. The accused shall then be asked whether he or she is guilty or not guilty of the offense charged. If the accused appears in person and by counsel and goes to trial before a jury regularly impaneled and sworn, he or she shall be deemed to have waived arraignment and a plea of not guilty shall be deemed to have been made.

(2) At the time of the arraignment, the county court or district court shall advise the accused, if the accused was younger than eighteen years of age at the time the alleged offense was committed, that the accused may move the county court or district court at any time not later than thirty days after arraignment, unless otherwise permitted by the court for good cause shown, to waive jurisdiction in such case to the juvenile court for further proceedings under the Nebraska Juvenile Code. This subsection does not apply if the case was transferred to county court or district court from juvenile court.

(3) For motions to transfer a case from the county court or district court to juvenile court:

(a) The county court or district court shall schedule a hearing on such motion within fifteen days. The customary rules of evidence shall not be followed at such hearing. The accused shall be represented by an attorney. The criteria set forth in section 43-276 shall be considered at such hearing. After considering all the evidence and reasons presented by both parties, the case shall be transferred to juvenile court unless a sound basis exists for retaining the case in county court or district court; and

(b) The county court or district court shall make a decision on such motion within thirty days after the hearing and shall set forth findings for the reason for its decision. If the county court or district court determines that the accused should be transferred to the juvenile court, the complete file in the county court or district court shall be transferred to the juvenile court and the complaint, indictment, or information may be used in place of a petition therein. The county court or district court making a transfer shall order the accused to be taken forthwith to the juvenile court and designate where the juvenile shall be kept pending determination by the juvenile court. The juvenile court shall then proceed as provided in the Nebraska Juvenile Code.

(4) An order granting or denying transfer of the case from county or district court to juvenile court shall be considered a final order for the purposes of appeal. Upon entry of an order, any party may appeal to the Court of Appeals within ten days. Such review shall be advanced on the court docket without an extension of time granted to any party except upon a showing of exceptional cause. Appeals shall be submitted, assigned, and scheduled for oral argument as soon as the appellee's brief is due to be filed. The Court of Appeals shall conduct its review in an expedited manner and shall render the judgment and opinion, if any, as speedily as possible. During the pendency of an appeal from an order transferring the case to juvenile court, the juvenile court may enter temporary orders in the best interests of the juvenile.

(5)(a) Except as provided in subdivision (5)(b) of this section, any admission, confession, or statement made by the accused to a psychiatrist, psychologist, therapist, or licensed mental health practitioner for purposes of a motion to transfer a case from county court or district court to juvenile court shall be inadmissible in any criminal or civil proceeding.

(b) Subdivision (5)(a) of this section does not prevent any such admission, confession, or statement from being:

(i) Admissible in proceedings relating to such motion to transfer;

(ii) Admissible in disposition proceedings of such accused under the Nebraska Juvenile Code if the case is transferred to juvenile court;

(iii) Included in any presentence investigation report for such accused if the case is not transferred to juvenile court; and

(iv) Admissible in such case to impeach such accused during cross-examination if the accused testifies at trial or during juvenile court proceedings and such testimony is materially inconsistent with a prior statement made by the accused to a psychiatrist, psychologist, therapist, or licensed mental health practitioner for purposes of the motion to transfer such case.

(6) When the accused was younger than eighteen years of age when an alleged offense was committed, the county attorney or city attorney shall proceed under section 43-274.

Notes of Decisions
Cited in 121 cases (51 in the last 5 years), 1955–2026 · leading case: In re Interest of Tyrone K.
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In re Interest of Tyrone K. (2016) neb · cites it 24× “8 Neb. Rev. Stat. § 29-1816 (Cum. Supp. 2012).”
State v. Uhing (2018) neb · cites it 11× “BACKGROUND Uhing was charged in the district court with two counts of sexual assault in the first degree, Class II felonies, and one count of incest with a victim age 17 or under, a Class IIA felony.”
State v. Aldana Cardenas (2023) neb · cites it 28× “Under Neb. Rev. Stat. § 29-1816 (3)(a) (Cum. Supp.”
State v. Hunt (2018) neb · cites it 8× “2 See Neb. Rev. Stat. §§ 29-1816 (1)(a)(ii) and 43-246.”
State v. Tyler P. (2018) neb · cites it 7× “Tyler filed a motion to transfer the matter to juvenile court under Neb. Rev. Stat. §§ 29-1816 (Supp. 2017) and 43-261 (Reissue 2016).”
State v. Bluett (2016) neb · cites it 5× “Bluett further argues that the deletion of language in Neb. Rev. Stat. § 29-1816 (Reissue 2016) that specifically noted that the denial of such a transfer motion was not final lends support to the conclusion that this is a substantial right.”
In re Interest of Sandrino T. (2016) neb · cites it 7× “One such statute is Neb. Rev. Stat. § 29-1816 (Reissue 2016), which generally concerns transfers from county and district court to juvenile court.”
State v. Esai P. (2020) nebctapp · cites it 10× “Neb. Rev. Stat. § 29-1816 (3)(a) (Cum. Supp.”
State v. Leroux (2018) nebctapp · cites it 7× “2017) provides that "[a]n order granting or denying transfer of the case from county or district court to juvenile court shall be considered a final order for the purposes of appeal" and that "[u]pon entry of an order, any party may appeal to the Court of Appeals within ten days.”
State v. Trevino (1988) neb · cites it 10× “Neb.Rev.Stat. § 29-1816 (Reissue 1985) provides, in relevant part, that upon proper motion, the district court shall consider whether it should waive jurisdiction of one who was less than 18 years of age at the time the alleged crimes were committed to the juvenile court for…”
State v. McCracken (2000) neb · cites it 9× “*247 McCracken filed his motion to transfer pursuant to Neb. Rev. Stat. § 29-1816 (Reissue 1995), which provides that a juvenile may move the district court to waive jurisdiction to the juvenile court and requires the court to schedule a hearing on such a motion within 15 days…”
State v. A.D. (2020) neb · cites it 13× “filed motions asking the county court to transfer their respective cases to juvenile court under Neb. Rev. Stat. §§ 29-1816 (Cum. Supp. 2018) and 43-276 (Reissue 2016).”
Show all 121 citing cases →
— Neb. Rev. Stat. § 29-1816(1)(a) — 1 case
State v. A.D. (2020) neb “filed motions asking the county court to transfer their respective cases to juvenile court under Neb. Rev. Stat. §§ 29-1816 (Cum. Supp. 2018) and 43-276 (Reissue 2016).”
— Neb. Rev. Stat. § 29-1816(1)(a)(i) — 1 case
State v. A.D. (2020) neb “filed motions asking the county court to transfer their respective cases to juvenile court under Neb. Rev. Stat. §§ 29-1816 (Cum. Supp. 2018) and 43-276 (Reissue 2016).”
— Neb. Rev. Stat. § 29-1816(1)(a)(ii) — 6 cases
In re Interest of Tyrone K. (2016) neb “8 Neb. Rev. Stat. § 29-1816 (Cum. Supp. 2012).”
State v. Aldana Cardenas (2023) neb “Under Neb. Rev. Stat. § 29-1816 (3)(a) (Cum. Supp.”
State v. Jeremiah T. (2025) neb
State v. A.D. (2020) neb “filed motions asking the county court to transfer their respective cases to juvenile court under Neb. Rev. Stat. §§ 29-1816 (Cum. Supp. 2018) and 43-276 (Reissue 2016).”
State v. Burris (2021) nebctapp
— Neb. Rev. Stat. § 29-1816(2) — 7 cases
State v. Uhing (2018) neb “BACKGROUND Uhing was charged in the district court with two counts of sexual assault in the first degree, Class II felonies, and one count of incest with a victim age 17 or under, a Class IIA felony.”
State v. Aldana Cardenas (2023) neb “Under Neb. Rev. Stat. § 29-1816 (3)(a) (Cum. Supp.”
State v. A.D. (2020) neb “filed motions asking the county court to transfer their respective cases to juvenile court under Neb. Rev. Stat. §§ 29-1816 (Cum. Supp. 2018) and 43-276 (Reissue 2016).”
State v. Uhing (2018) neb
State v. Burris (2021) nebctapp
— Neb. Rev. Stat. § 29-1816(2)(a) — 3 cases
State v. Dominguez (2015) neb
State v. Bradley M. (2016) nebctapp
State v. Stevens (2015) neb
— Neb. Rev. Stat. § 29-1816(2)(c) — 3 cases
In re Interest of Tyrone K. (2016) neb “8 Neb. Rev. Stat. § 29-1816 (Cum. Supp. 2012).”
State v. Dominguez (2015) neb
State v. Stevens (2015) neb
— Neb. Rev. Stat. § 29-1816(3) — 26 cases
State v. Hunt (2018) neb “2 See Neb. Rev. Stat. §§ 29-1816 (1)(a)(ii) and 43-246.”
State v. Aldana Cardenas (2023) neb “Under Neb. Rev. Stat. § 29-1816 (3)(a) (Cum. Supp.”
State v. Esai P. (2020) nebctapp “Neb. Rev. Stat. § 29-1816 (3)(a) (Cum. Supp.”
State v. Lu (2024) nebctapp
State v. Blimling (2018) nebctapp
— Neb. Rev. Stat. § 29-1816(3)(a) — 75 cases
State v. Tyler P. (2018) neb “Tyler filed a motion to transfer the matter to juvenile court under Neb. Rev. Stat. §§ 29-1816 (Supp. 2017) and 43-261 (Reissue 2016).”
State v. Leroux (2018) nebctapp “2017) provides that "[a]n order granting or denying transfer of the case from county or district court to juvenile court shall be considered a final order for the purposes of appeal" and that "[u]pon entry of an order, any party may appeal to the Court of Appeals within ten days.”
State v. Aldana Cardenas (2023) neb “Under Neb. Rev. Stat. § 29-1816 (3)(a) (Cum. Supp.”
State v. Esai P. (2020) nebctapp “Neb. Rev. Stat. § 29-1816 (3)(a) (Cum. Supp.”
State v. Hunt (2018) neb “2 See Neb. Rev. Stat. §§ 29-1816 (1)(a)(ii) and 43-246.”
— Neb. Rev. Stat. § 29-1816(3)(b) — 10 cases
State v. Hunt (2018) neb “2 See Neb. Rev. Stat. §§ 29-1816 (1)(a)(ii) and 43-246.”
In re Interest of Tyrone K. (2016) neb “8 Neb. Rev. Stat. § 29-1816 (Cum. Supp. 2012).”
State v. Aldana Cardenas (2023) neb “Under Neb. Rev. Stat. § 29-1816 (3)(a) (Cum. Supp.”
State v. Tyler P. (2018) neb “Tyler filed a motion to transfer the matter to juvenile court under Neb. Rev. Stat. §§ 29-1816 (Supp. 2017) and 43-261 (Reissue 2016).”
State v. Holmstrom-Hutton (2025) nebctapp
— Neb. Rev. Stat. § 29-1816(3)(c) — 18 cases
State v. Uhing (2018) neb “BACKGROUND Uhing was charged in the district court with two counts of sexual assault in the first degree, Class II felonies, and one count of incest with a victim age 17 or under, a Class IIA felony.”
State v. Hunt (2018) neb “2 See Neb. Rev. Stat. §§ 29-1816 (1)(a)(ii) and 43-246.”
State v. Aldana Cardenas (2023) neb “Under Neb. Rev. Stat. § 29-1816 (3)(a) (Cum. Supp.”
State v. Esai P. (2020) nebctapp “Neb. Rev. Stat. § 29-1816 (3)(a) (Cum. Supp.”
State v. A.D. (2020) neb “filed motions asking the county court to transfer their respective cases to juvenile court under Neb. Rev. Stat. §§ 29-1816 (Cum. Supp. 2018) and 43-276 (Reissue 2016).”
— Neb. Rev. Stat. § 29-1816(4) — 2 cases
State v. Jeremiah T. (2025) neb
State v. Damore (2026) neb
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