Nebraska Revised Statutes
Neb. Rev. Stat. § 29-1914 (2026)
Discovery order; limitation
✓ current as of July 2026
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Whenever an order is issued pursuant to the provisions of section 29-1912 or 29-1913, it shall be limited to items or information that:
(1) Directly relate to the investigation of the underlying charge or charges in the case;
(2) Are within the possession, custody, or control of the state or local subdivisions of government; and
(3) Are known to exist by the prosecution or that, by the exercise of due diligence, may become known to the prosecution.
Notes of Decisions
Cited in 5
cases, 1990–2019 · leading case: State v. Kuhl, 755 N.W.2d 389 (Neb. 2008).
State v. Kuhl, 755 N.W.2d 389 (Neb. 2008). “The trial court found that the source code was not within the State's "possession, custody, or control," as would be required to compel discovery under Neb.Rev.Stat. § 29-1914 (Reissue 1995). At trial, Officer James Brady, a senior crime laboratory technician with the Omaha…”
State v. Pieper, 743 N.W.2d 360 (Neb. 2008). “He further suggests that the reference to “information within the possession, custody, or control of the state” found in another discovery statute, Neb. Rev. Stat. § 29-1914 (Reissue 1995), expands the listings found in § 29-1912 to include “information” in general.”
State v. Boppre, 453 N.W.2d 406 (Neb. 1990). “He does not claim that he was denied the opportunity at trial to review any documents used to refresh any witness’ recollection, and nothing in the record indicates that the State possessed, see Neb. Rev. Stat. § 29-1914 (Reissue 1989), or that there even existed, prior…”
State v. Kuhl, 741 N.W.2d 701 (Neb. Ct. App. 2007). “The court cited Neb.Rev.Stat. § 29-1914 (Reissue 1995) concerning the limitation of orders of discovery to items or information "`within the possession, custody, or control of the state or local subdivisions of government'" and found it unquestionable in the present case that…”
State v. Cappel (Neb. Ct. App. 2019). “Neb. Rev. Stat. § 29-1914 (Reissue 2016).”
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