Nebraska Revised Statutes

Neb. Rev. Stat. § 29-2001 (2026)

Trial; presence of accused required; exceptions

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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No person indicted for a felony shall be tried unless personally present during the trial. Persons indicted for a misdemeanor may, at their own request, by leave of the court be put on trial in their absence. The request shall be in writing and entered on the record of the court.

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1940–2021 · leading case: State v. Red Kettle, 476 N.W.2d 220 (Neb. 1991).
State v. Red Kettle, 476 N.W.2d 220 (Neb. 1991). · cites it 6× “The court read to the defendant Neb. Rev. Stat. § 29-2001 (Reissue 1989), which requires a felony defendant’s presence at trial.”
State v. Figures, 957 N.W.2d 161 (Neb. 2021). · cites it 2× “First, Figures argues that the court erred by allowing the State to elicit testimony of a failed drug deal and Figures’ threats toward Vanessa.”
State v. Bjorklund, 604 N.W.2d 169 (Neb. 2000). · cites it 3× “(2) The reviewing judge erred in failing to find that the ex parte contact violated Bjorklund’s right to be present as guaranteed by the 5th, 6th, and 14th Amendments to the U.”
State v. Lotter, 669 N.W.2d 438 (Neb. 2003). · cites it 2× “The court explained that it did not see any reason to have Lotter at the hearing.”
State v. Warlick, 956 N.W.2d 269 (Neb. 2021). · cites it 2× “WARLICK and search official records to determine if the defendant had been arrested or injured.”
State v. Zlomke, 689 N.W.2d 181 (Neb. 2004). · cites it 4× “” He also relies upon Neb. Rev. Stat. § 29-2001 (Reissue 1995), which provides: No person indicted for a felony shall be tried unless personally present during the trial.”
State v. Huff, 25 Neb. Ct. App. 219 (Neb. Ct. App. 2017). · cites it 2× “Pursuant to Neb. Rev. Stat. § 29-2001 (Reissue 2016), “[n]o person indicted for a felony shall be tried unless personally present during the trial.”
State v. Bear Runner, 252 N.W.2d 638 (Neb. 1977). · cites it 2× “Section 29-2001, R. R. S. 1943, provides in part: “No person indicted for a felony shall be tried unless personally present during the trial.”
Strasheim v. State, 294 N.W. 433 (Neb. 1940). · cites it 2× “Under section 29-2001, “Defendant has a right to be present at all times when any proceeding is taken during the-trial, from the impaneling of the jury to the rendition of the verdict, inclusive, unless he has waived such right; and, it being a personal right to the defendant,…”
Hyslop v. State, 68 N.W.2d 698 (Neb. 1955). “We see no error in the record that calls for a new trial, and the judgment must be affirmed.” See, also, Bolln v.”
Koop v. City of Omaha, 114 N.W.2d 380 (Neb. 1962). · cites it 2× “Section 29-2001, R. R. S. 1943, provides in part: • “Persons indicted for a misdemeanor may, at their own *640 request, by leave of the court be put on trial in their absence.”
State v. Warlick, 308 Neb. 656 (Neb. 2021). · cites it 2× “WARLICK and search official records to determine if the defendant had been arrested or injured.”
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