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

Neb. Rev. Stat. § 29-2001 (2026)

Trial; presence of accused required; exceptions

✓ current as of July 2026
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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).
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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, 308 Neb. 801 (Neb. 2021). · cites it 2× “21 Neb. Rev. Stat. § 29-2001 (Cum. Supp. 2020) provides: “No person indicted for a felony shall be tried unless personally present during the trial.”
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, 308 Neb. 656 (Neb. 2021). · cites it 2× “32 Whether a defendant could and, in fact, did waive his or her right to attend all stages of his or her trial presents a question of law.”
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.”
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× “32 Whether a defendant could and, in fact, did waive his or her right to attend all stages of his or her trial presents a question of law.”
State v. Heckard (Neb. Ct. App. 2019). · cites it 10× “Heckard argues a plain reading of Neb. Rev. Stat. § 29-2001 (Reissue 2016) (statutory right of accused to be present during trial) “would lead one to logically conclude that presence in a felony trial simply cannot be waived.”
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