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

Neb. Rev. Stat. § 29-2802 (2026)

Writ; applicant; to be taken before judge; return

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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It shall be the duty of the officer or person to whom such writ shall be directed to convey the person or persons so imprisoned or detained and named in such writ, before the judge allowing the same, or, in case of his absence or disability, before some other judge of the same court, on the day specified in such writ, and to make due return of the writ, together with the day and cause of caption and detention of such person, according to the command thereof.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1941–2025 · leading case: Maria T. v. Jeremy S., 915 N.W.2d 441 (Neb. 2018).
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Maria T. v. Jeremy S., 915 N.W.2d 441 (Neb. 2018). · cites it 3× “13 Thus, pursuant to §§ 29-2802 and 29-2803, when a judge issues the writ, it must be obeyed, or resistance thereto made in the regular manner.”
O'Neal v. State, 863 N.W.2d 162 (Neb. 2015). · cites it 2× “But instead of simply denying the writ, the district court, without any citation to authority under the habeas corpus stat- utes, directed the State to file a response.”
Childs v. Frakes, 981 N.W.2d 598 (Neb. 2022). “24 Habeas corpus proceedings are not adversarial civil actions and “are not in a technical sense a suit between the applicant and the [respondent] officer.”
Kaufmann v. Kaufmann, 299 N.W. 617 (Neb. 1941). · cites it 2× “Some five pages of the bill of exceptions are taken up with a demand of the attorney for petitioner that section 29-2802, Comp. St. 1929, be complied with, and that respondents produce the child in court; that the purpose of the habeas corpus action is to have the body of the…”
Ballheim v. Settles, 19 N.W.3d 748 (Neb. 2025). “The allegations in Childs were that the inmate was denied counsel of his choice, his plea was not intelligently entered because he received ineffective assistance of counsel, the prosecutor recited the factual basis of the plea without personal knowledge thereof, and the inmate…”
Maria T. v. Jeremy S., 300 Neb. 563 (Neb. 2018). · cites it 3× “11 Habeas corpus is a Latin term that, translated literally, means “‘“that you have the body,”’”12 and the writ commands that the person holding the body of the person allegedly illegally detained pro- duce the body on the day specified and submit to and receive whatever the…”
Condoluci v. State, 775 N.W.2d 196 (Neb. Ct. App. 2009). · cites it 2× “We reverse the dismissal and remand the cause for further proceedings, with directions to the district court to issue the writ of habeas corpus and to hold an evidentiary hearing thereupon in accordance with Neb.Rev.Stat. §§ 29-2802 and 29-2805 (Reissue 2008).”
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