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

Neb. Rev. Stat. § 29-2103 (2026)

New trial; motion; how and when made

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) A motion for new trial shall be made by written application and may be filed either during or after the term of the court at which the verdict was rendered.

(2) A motion for a new trial shall state the grounds under section 29-2101 which are the basis for the motion and shall be supported by evidence as provided in section 29-2102.

(3) A motion for new trial based on the grounds set forth in subdivision (1), (2), (3), (4), or (7) of section 29-2101 shall be filed within ten days after the verdict was rendered unless such filing is unavoidably prevented, and the grounds for such motion may be stated by directly incorporating the appropriate language of section 29-2101 without further particularity.

(4) A motion for new trial based on the grounds set forth in subdivision (5) of section 29-2101 shall be filed within a reasonable time after the discovery of the new evidence and cannot be filed more than five years after the date of the verdict, unless the motion and supporting documents show the new evidence could not with reasonable diligence have been discovered and produced at trial and such evidence is so substantial that a different result may have occurred.

(5) A motion for new trial based on the grounds set forth in subdivision (6) of section 29-2101 shall be filed within ninety days after a final order is issued under section 29-4123 or within ninety days after the hearing if no final order is entered, whichever occurs first.

Notes of Decisions
Cited in 80 cases (16 in the last 5 years), 1935–2026 · leading case: State v. Cross, 900 N.W.2d 1 (Neb. 2017).
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State v. Cross, 900 N.W.2d 1 (Neb. 2017). · cites it 22× “When a motion for new trial is filed more than 5 years after the date of the ver- dict, there are two requirements that must be satisfied for the motion to be timely under Neb. Rev. Stat. § 29-2103 (4) (Reissue 2016): First, the motion and supporting documents must show the new…”
State v. Boppre, 995 N.W.2d 28 (Neb. 2023). · cites it 21× “Rev. Stat. § 29-2103 (Reissue 2016) imposes different time limits on filing motions for new trial, depending on the statutory ground relied upon.”
State v. Avina-Murillo, 917 N.W.2d 865 (Neb. 2018). · cites it 5× “" This court has long held that § 29-2103 by its terms is mandatory. 7 The time limitation for filing a motion for new trial runs from rendition of the verdict.”
State v. Thomas, 637 N.W.2d 632 (Neb. 2002). · cites it 5× “See Neb. Rev. Stat. § 29-2103 (Reissue 1995).”
State v. Lotter, 771 N.W.2d 551 (Neb. 2009). · cites it 5× “[49] Neb. Rev. Stat. § 29-2103 (Reissue 2008).”
State v. Phelps, 834 N.W.2d 786 (Neb. 2013). · cites it 4× “A motion for postcon­ viction relief cannot be used to obtain, outside of the 3-year time limitation under Neb. Rev. Stat. § 29-2103 (Reissue 2008), what is essentially a new trial based on newly discovered evidence.”
State v. Bartel, 953 N.W.2d 224 (Neb. 2021). · cites it 6× “Sitting as an intermediate appellate court, 3 the district court for Douglas County affirmed, reasoning that the June 2017 order in the domestic relations case reflected the parties’ negotiations after trial based on then- existing circumstances and was not newly discovered…”
Herrera v. Collins, 506 U.S. 390 (1993). · cites it 2× “4-331(c) (1992) (one year); Neb. Rev. Stat. § 29-2103 (1989) (three years); Nev.”
State v. Harris, 948 N.W.2d 736 (Neb. 2020). · cites it 6× “HARRIS On remand, the district court did not conduct a new evidentiary hearing but considered the evidence presented at the 2013 evidentiary hearing.”
State v. Harris, 893 N.W.2d 440 (Neb. 2017). · cites it 4× “”49 At the time of his conviction and sentencing, pursuant to Neb. Rev. Stat. § 29-2103 (4) (Reissue 1995), a motion for a new trial resting on newly discovered evidence had to be filed within 3 years of the defendant’s conviction.”
State v. Bronson, 672 N.W.2d 244 (Neb. 2003). · cites it 3× “After determining that Bronson’s motion for new trial was filed within the time period contemplated under Neb. Rev. Stat. § 29-2103 (Cum. Supp. 2002) and that it had jurisdiction to consider the motion, the district court denied Bronson’s motion for new trial in an order dated…”
State v. Thompson, 507 N.W.2d 253 (Neb. 1993). · cites it 5× “Neb. Rev. Stat. § 29-2103 (Reissue 1989) provides in relevant part that “[an application for new trial] shall, except for the *397 cause of newly discovered evidence material for the party applying, which he [or she] could not with reasonable diligence have discovered and…”
Show all 80 citing cases →
Neb. Rev. Stat. § 29-2103(1): 4 cases
State v. Cross, 900 N.W.2d 1 (Neb. 2017). “When a motion for new trial is filed more than 5 years after the date of the ver- dict, there are two requirements that must be satisfied for the motion to be timely under Neb. Rev. Stat. § 29-2103 (4) (Reissue 2016): First, the motion and supporting documents must show the new…”
State v. Boppre, 995 N.W.2d 28 (Neb. 2023). “Rev. Stat. § 29-2103 (Reissue 2016) imposes different time limits on filing motions for new trial, depending on the statutory ground relied upon.”
State v. Cross, 297 Neb. 154 (Neb. 2017).
State v. Alvarado, No. A-13-417 (Neb. Ct. App. Apr. 15, 2014).
Neb. Rev. Stat. § 29-2103(2): 6 cases
State v. Cross, 900 N.W.2d 1 (Neb. 2017). “When a motion for new trial is filed more than 5 years after the date of the ver- dict, there are two requirements that must be satisfied for the motion to be timely under Neb. Rev. Stat. § 29-2103 (4) (Reissue 2016): First, the motion and supporting documents must show the new…”
State v. Hill, 955 N.W.2d 303 (Neb. 2021).
State v. Boppre, 995 N.W.2d 28 (Neb. 2023). “Rev. Stat. § 29-2103 (Reissue 2016) imposes different time limits on filing motions for new trial, depending on the statutory ground relied upon.”
State v. Cross, 297 Neb. 154 (Neb. 2017).
State v. Valverde, No. A-22-029 (Neb. Ct. App. Jan. 10, 2023).
Neb. Rev. Stat. § 29-2103(3): 8 cases
State v. Avina-Murillo, 917 N.W.2d 865 (Neb. 2018). “" This court has long held that § 29-2103 by its terms is mandatory. 7 The time limitation for filing a motion for new trial runs from rendition of the verdict.”
State v. Cross, 900 N.W.2d 1 (Neb. 2017). “When a motion for new trial is filed more than 5 years after the date of the ver- dict, there are two requirements that must be satisfied for the motion to be timely under Neb. Rev. Stat. § 29-2103 (4) (Reissue 2016): First, the motion and supporting documents must show the new…”
State v. Bartel, 953 N.W.2d 224 (Neb. 2021). “Sitting as an intermediate appellate court, 3 the district court for Douglas County affirmed, reasoning that the June 2017 order in the domestic relations case reflected the parties’ negotiations after trial based on then- existing circumstances and was not newly discovered…”
State v. Hill, 955 N.W.2d 303 (Neb. 2021).
State v. Cross, 297 Neb. 154 (Neb. 2017).
Neb. Rev. Stat. § 29-2103(4): 16 cases
State v. Cross, 900 N.W.2d 1 (Neb. 2017). “When a motion for new trial is filed more than 5 years after the date of the ver- dict, there are two requirements that must be satisfied for the motion to be timely under Neb. Rev. Stat. § 29-2103 (4) (Reissue 2016): First, the motion and supporting documents must show the new…”
State v. Boppre, 995 N.W.2d 28 (Neb. 2023). “Rev. Stat. § 29-2103 (Reissue 2016) imposes different time limits on filing motions for new trial, depending on the statutory ground relied upon.”
State v. Harris, 948 N.W.2d 736 (Neb. 2020). “HARRIS On remand, the district court did not conduct a new evidentiary hearing but considered the evidence presented at the 2013 evidentiary hearing.”
State v. Harris, 893 N.W.2d 440 (Neb. 2017). “”49 At the time of his conviction and sentencing, pursuant to Neb. Rev. Stat. § 29-2103 (4) (Reissue 1995), a motion for a new trial resting on newly discovered evidence had to be filed within 3 years of the defendant’s conviction.”
State v. Hill, 955 N.W.2d 303 (Neb. 2021).
Neb. Rev. Stat. § 29-2103(5): 1 case
State v. Bronson, 672 N.W.2d 244 (Neb. 2003). “After determining that Bronson’s motion for new trial was filed within the time period contemplated under Neb. Rev. Stat. § 29-2103 (Cum. Supp. 2002) and that it had jurisdiction to consider the motion, the district court denied Bronson’s motion for new trial in an order dated…”
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