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

Neb. Rev. Stat. § 29-1919 (2026)

Discovery; failure to comply; effect

✓ current as of July 2026
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If, at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with sections 29-1912 to 29-1921 or an order issued pursuant to sections 29-1912 to 29-1921, the court may:

(1) Order such party to permit the discovery or inspection of materials not previously disclosed;

(2) Grant a continuance;

(3) Prohibit the party from calling a witness not disclosed or introducing in evidence the material not disclosed; or

(4) Enter such other order as it deems just under the circumstances.

Notes of Decisions
Cited in 29 cases (11 in the last 5 years), 1974–2026 · leading case: State v. Henry, 875 N.W.2d 374 (Neb. 2016).
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State v. Henry, 875 N.W.2d 374 (Neb. 2016). · cites it 5× “Neb. Rev. Stat. § 29-1919 (Reissue 2008) pro- vides that if a party fails to comply with a court’s order pursu- ant to Neb.”
State v. Sierra, 305 Neb. 249 (Neb. 2020). · cites it 9× “Neb. Rev. Stat. § 29-1912 (Reissue 2016) describes the types of information that are discoverable.”
State v. Short, 310 Neb. 81 (Neb. 2021). · cites it 6× “The motion relied on the constitutional rights to due process and a speedy trial, as well as Neb. Rev. Stat. § 29-1919 (Reissue 2016) regarding discov- ery sanctions.”
State v. Devers, 306 Neb. 429 (Neb. 2020). · cites it 4× “429 material not disclosed” 11 or “[e]nter such other order as it deems just under the circumstances.” 12 In the district court’s order, it specifically stated that “Devers [was] free to file an additional motion to take [Milton’s] deposition .”
State v. Russell, 292 Neb. 501 (Neb. 2016). · cites it 4× “pursuant to Neb. Rev. Stat. § 29-1919 (3) (Reissue 2008) was also overruled.”
State v. Case, 304 Neb. 829 (Neb. 2020). · cites it 2× “Neb. Rev. Stat. § 29-1919 (Reissue 2016) sets forth various remedies the court may employ when there is a claimed viola- tion of a discovery order: The court may (1) order such party to permit discovery or inspection of materials not previously disclosed, (2) grant a…”
State v. Schmidt, 562 N.W.2d 859 (Neb. Ct. App. 1997). · cites it 6× “Neb. Rev. Stat. § 29-1919 (Reissue 1995) provides: If, at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with the provisions of sections 29-1912 .”
State v. Robinson, 715 N.W.2d 531 (Neb. 2006). · cites it 2× “See, Neb. Rev. Stat. § 29-1919 (Reissue 1995); State v.”
State v. Vicars, 299 N.W.2d 421 (Neb. 1980). · cites it 4× “Neb.Rev.Stat. § 29-1919 (Reissue 1979) states that if, at any time during the course of the proceedings, it is brought to the attention of the court that a party has failed to comply with orders for discovery, the court may do one of four things.”
State v. Lotter, 586 N.W.2d 591 (Neb. 1998). · cites it 2× “Lotter assigns that these actions violate § 29-1919(2); Lotter's right to effective assistance of counsel during opening statements and at trial under Neb.”
State v. Turner, 998 N.W.2d 783 (Neb. 2024). · cites it 2× “9 Neb. Rev. Stat. § 29-1919 (Cum. Supp. 2022).”
State v. Ramos, 319 Neb. 511 (Neb. 2025). · cites it 3× “However, the State did not disclose exhibit 458 until the penultimate day of trial.”
Show all 29 citing cases →
— Neb. Rev. Stat. § 29-1919(2) — 1 case
State v. Lotter, 586 N.W.2d 591 (Neb. 1998). “Lotter assigns that these actions violate § 29-1919(2); Lotter's right to effective assistance of counsel during opening statements and at trial under Neb.”
— Neb. Rev. Stat. § 29-1919(3) — 4 cases
State v. Henry, 875 N.W.2d 374 (Neb. 2016). “Neb. Rev. Stat. § 29-1919 (Reissue 2008) pro- vides that if a party fails to comply with a court’s order pursu- ant to Neb.”
State v. Devers, 306 Neb. 429 (Neb. 2020). “429 material not disclosed” 11 or “[e]nter such other order as it deems just under the circumstances.” 12 In the district court’s order, it specifically stated that “Devers [was] free to file an additional motion to take [Milton’s] deposition .”
State v. Sierra, 305 Neb. 249 (Neb. 2020). “Neb. Rev. Stat. § 29-1912 (Reissue 2016) describes the types of information that are discoverable.”
State v. Batchelor, 214 N.W.2d 276 (Neb. 1974).
— Neb. Rev. Stat. § 29-1919(4) — 2 cases
State v. Henry, 875 N.W.2d 374 (Neb. 2016). “Neb. Rev. Stat. § 29-1919 (Reissue 2008) pro- vides that if a party fails to comply with a court’s order pursu- ant to Neb.”
State v. Devers, 306 Neb. 429 (Neb. 2020). “429 material not disclosed” 11 or “[e]nter such other order as it deems just under the circumstances.” 12 In the district court’s order, it specifically stated that “Devers [was] free to file an additional motion to take [Milton’s] deposition .”
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