(1) A prosecuting attorney may take exception to any ruling or decision of the county court made during the prosecution of a cause by presenting to the court a notice of intent to take an appeal to the district court with reference to the rulings or decisions of which complaint is made.
(2) The notice shall contain a copy of the rulings or decisions complained of, the basis and reasons for objection thereto, and a statement by the prosecuting attorney as to the part of the record he or she proposes to present to the district court. The notice shall be presented to the court within twenty days after the final order is entered in the cause. If the court finds it is in conformity with the truth, the judge shall sign it and shall indicate thereon whether, in his or her opinion, the part of the record which the prosecuting attorney proposes to present to the district court is adequate for a proper consideration of the matter.
(3) The prosecuting attorney shall then file the notice in the district court within thirty days from the date of final order and within thirty days from the date of filing the notice shall file a bill of exceptions covering the part of the record referred to in the notice. Such appeal shall be on the record.
Notes of Decisions
State v. Jordan B. (In Re Interest of Jordan B.) (2018)
neb · cites it 9×
“01 (Reissue 2016) provides that an appeal in any case determining delinquency issues in which the juvenile has been placed legally in jeopardy may only be taken by exception proceedings pursuant to Neb. Rev. Stat. §§ 29-2317 to 29-2319 (Reissue 2016).”
State v. Thalken (2018)
neb · cites it 4×
“65 Neb. Rev. Stat. § 29-2317 (1) (Reissue 2016).”
State v. McDermott (1978)
neb · cites it 22×
“1943, from an order of the county court of Hall County, Nebraska, modifying a sentence previously pronounced against the defendant upon a conviction for operating a motor vehicle while his license was suspended, second offense. On that appeal the District Court affirmed the…”
State v. Dorcey (1999)
neb · cites it 18×
“The State filed its appeal based on § 29-2317. After hearing, the district court concluded that it had no jurisdiction to consider the State’s appeal under § 29-2317 because the notice of appeal was filed by the State in a voluntarily dismissed case and was a nullity.”
In Re Interest of Rebecca B. (2010)
neb · cites it 11×
“[2] But when a county attorney files an appeal "in any case determining delinquency issues in which the juvenile has been placed legally in jeopardy," the appeal must be taken by exception proceedings to the district court pursuant to Neb.Rev.Stat. §§ 29-2317 to 29-2319 (Reissue…”
In Re Interest of Sean H. (2006)
neb · cites it 17×
“Similarly, §§ 29-2317 to 29-2319 allow the same with county court decisions.”
State v. Jones (2002)
neb · cites it 13×
“2d 539 (1974), and Neb. Rev. Stat. §§ 29-2317 to 29-2319 (Reissue 1995).”
State v. Hense (2008)
neb · cites it 2×
“§ 29-2319 (1) (Reissue 1995), which is virtually identical to § 29-2316 at issue herein except that § 29-2319(1) relates to error proceedings taken from a county court to a district court pursuant to Neb. Rev. Stat. § 29-2317 (Reissue 1995).”
In re Interest of Jordan B. (2018)
neb · cites it 11×
“An appellate court lacks jurisdiction to consider the State’s exceptions that fail to fully com- ply with the statutory procedures outlined in Neb. Rev. Stat. § 29-2317 (Reissue 2016), as incorporated by Neb.”
State v. Stanko (2019)
neb · cites it 2×
“Exception Proceeding The State appealed the county court’s decision to the district court pursuant to Neb. Rev. Stat. § 29-2317 (Reissue 2016).”
State v. Sports Couriers, Inc. (1981)
neb · cites it 8×
“The State of Nebraska, through the offices of the Omaha city attorney, prosecuted an appeal to the District Court as provided for in Neb. Rev. Stat. § 29-2317 (Reissue 1979).”
State v. Falcon (2000)
neb · cites it 2×
“The State filed a notice of intent to appeal with the district court, pursuant to Neb. Rev. Stat. § 29-2317 (Reissue 1995).”
— Neb. Rev. Stat. § 29-2317(1) — 5 cases
State v. Dorcey (1999)
neb
“The State filed its appeal based on § 29-2317. After hearing, the district court concluded that it had no jurisdiction to consider the State’s appeal under § 29-2317 because the notice of appeal was filed by the State in a voluntarily dismissed case and was a nullity.”
State v. Jones (2002)
neb
“2d 539 (1974), and Neb. Rev. Stat. §§ 29-2317 to 29-2319 (Reissue 1995).”
In Re Interest of Rebecca B. (2010)
neb
“[2] But when a county attorney files an appeal "in any case determining delinquency issues in which the juvenile has been placed legally in jeopardy," the appeal must be taken by exception proceedings to the district court pursuant to Neb.Rev.Stat. §§ 29-2317 to 29-2319 (Reissue…”
— Neb. Rev. Stat. § 29-2317(2) — 2 cases
State v. Dorcey (1999)
neb
“The State filed its appeal based on § 29-2317. After hearing, the district court concluded that it had no jurisdiction to consider the State’s appeal under § 29-2317 because the notice of appeal was filed by the State in a voluntarily dismissed case and was a nullity.”
— Neb. Rev. Stat. § 29-2317(3) — 1 case
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