Neb. Rev. Stat. » Chapter 29
Nebraska Revised Statutes

Neb. Rev. Stat. § 29-1916 (2026)

Discovery order; reciprocity to prosecution; waiver of privilege of self-incrimination

✓ current as of July 2026
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(1) Whenever the court issues an order pursuant to the provisions of sections 29-1912 and 29-1913, the court may condition its order by requiring the defendant to grant the prosecution like access to comparable items or information included within the defendant's request which:

(a) Are in the possession, custody, or control of the defendant;

(b) The defendant intends to produce at the trial; and

(c) Are material to the preparation of the prosecution's case.

(2) Whenever a defendant is granted an order under sections 29-1912 to 29-1921, the defendant shall be deemed to have waived the privilege of self-incrimination for the purposes of the operation of this section.

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1974–2026 · leading case: State v. Vosler, 345 N.W.2d 806 (Neb. 1984).
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State v. Vosler, 345 N.W.2d 806 (Neb. 1984). · cites it 8× “As such, under Neb. Rev. Stat. § 29-1916 (2) (Reissue 1979), defendant may have waived his privilege against self-incrimination concerning like material in his possession or under his control.”
State v. Sierra, 305 Neb. 249 (Neb. 2020). · cites it 4× “” At the hearing on the motion in limine, Sierra’s attorney’s only stated reason for not complying with the order was that the individuals the defense intended to call were named in the State’s reports and one was also included in the witness list attached to the State’s…”
State v. Woods, 587 N.W.2d 122 (Neb. 1998). · cites it 6× “See Neb. Rev. Stat. §§ 29-1916 and 29-1917 (Reissue 1995).”
State v. Williams, 26 Neb. Ct. App. 459 (Neb. Ct. App. 2018). · cites it 4× “§ 29-1916 (Reissue 2016) provides in part: (1) Whenever the court issues an order pursuant to the provisions of sections 29-1912 and 29-1913, the court may condition its order by requiring the defendant to *474 grant the prosecution like access to comparable items or information…”
State v. Woods, 577 N.W.2d 564 (Neb. Ct. App. 1998). · cites it 7× “The State argues, primarily, that the court was authorized to order disclosure pursuant to the reciprocal discovery provisions of Neb. Rev. Stat. § 29-1916 (Reissue *833 1995).”
State v. Torres Aquino, 318 Neb. 771 (Neb. 2025). · cites it 4× “The public defender set forth in his motion that he had no objection to the court’s entering a reciprocal order pursuant to Neb. Rev. Stat. § 29-1916 (Cum. Supp. 2024).”
State v. Kinney, 635 N.W.2d 449 (Neb. 2001). · cites it 4× “Section 29-1917 permits a court to order the taking of depositions of certain witnesses, and therefore, it is inapplicable to Kinney’s assignment of error. Section 29-1916(1) provides in part that whenever the court grants a request by the defendant for discovery pursuant to §…”
State v. Eskew, 218 N.W.2d 898 (Neb. 1974). · cites it 4× “"(4) * * * " Section 29-1916, R.S.Supp., 1972, provides that whenever the court issues an order pursuant to section 29-1912, R.”
State v. Hinn, 427 N.W.2d 791 (Neb. 1988). · cites it 3× “The court, in its journal entry relating to pretrial matters, granted that motion and, additionally, allowed reciprocal discovery by the State, as provided for in Neb. Rev. Stat. § 29-1916 (Reissue 1985).”
State v. Williams, 26 Neb. Ct. App. 459 (Neb. Ct. App. 2018). · cites it 6× “Neb. Rev. Stat. § 29-1916 (Reissue 2016) provides only reciprocal discovery to the State as to orders for discovery entered pur- suant to Neb.”
State v. Vannier (Neb. Ct. App. 2026). · cites it 6× “On July 8, the district court entered an order granting the State’s request for reciprocal discovery pursuant to Neb. Rev. Stat. § 29-1916 (Cum. Supp. 2024) and directed Vannier to provide the information within 30 days.”
State v. York (Neb. Ct. App. 2013). · cites it 5× “Section 29-1916, for example, provides that whenever the trial court issues a discovery order granting the defendant a right to discovery from the prosecution, “the court may condition its order by requiring the defendant to grant the prosecution like access to comparable items…”
Show all 13 citing cases →
— Neb. Rev. Stat. § 29-1916(1) — 2 cases
State v. Woods, 577 N.W.2d 564 (Neb. Ct. App. 1998). “The State argues, primarily, that the court was authorized to order disclosure pursuant to the reciprocal discovery provisions of Neb. Rev. Stat. § 29-1916 (Reissue *833 1995).”
State v. Kinney, 635 N.W.2d 449 (Neb. 2001). “Section 29-1917 permits a court to order the taking of depositions of certain witnesses, and therefore, it is inapplicable to Kinney’s assignment of error. Section 29-1916(1) provides in part that whenever the court grants a request by the defendant for discovery pursuant to §…”
— Neb. Rev. Stat. § 29-1916(1)(b) — 1 case
State v. Torres Aquino, 318 Neb. 771 (Neb. 2025). “The public defender set forth in his motion that he had no objection to the court’s entering a reciprocal order pursuant to Neb. Rev. Stat. § 29-1916 (Cum. Supp. 2024).”
— Neb. Rev. Stat. § 29-1916(2) — 1 case
State v. Vosler, 345 N.W.2d 806 (Neb. 1984). “As such, under Neb. Rev. Stat. § 29-1916 (2) (Reissue 1979), defendant may have waived his privilege against self-incrimination concerning like material in his possession or under his control.”
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