Nebraska Revised Statutes
Neb. Rev. Stat. § 29-4206 (2026)
County or district court; accept written waivers; when; form; use; effect
✓ current as of July 2026
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(1) The county courts and district courts may accept a written waiver of preliminary hearing and a written waiver of arraignment and plea of not guilty from any defendant. The written waivers shall only be accepted if the defendant is represented by counsel. The written waivers shall contain the necessary consent and waiver of the right to a physical appearance and comply with subsection (2) of this section, shall be signed by the defendant and his or her counsel of record, and shall be filed with the clerk of the court.
(2) The written waivers authorized under subsection (1) of this section shall be in substantially the following form:
| STATE OF NEBRASKA, | PLEA OF NOT GUILTY/ | |
| Plaintiff, | WAIVER OF APPEARANCE | |
| -vs- | Case No. ........... | |
| ................................, | Arrest No. ......... | |
| (Print or Type) | Defendant |
Notes of Decisions
Cited in 5
cases (3 in the last 5 years), 2006–2026 · leading case: State v. Liston, 712 N.W.2d 264 (Neb. 2006).
State v. Liston, 712 N.W.2d 264 (Neb. 2006). “As noted, the form that Liston signed referenced Neb. Rev. Stat. § 29-4206 (Cum. Supp. 2004).”
State v. Moore, 978 N.W.2d 327 (Neb. 2022). “The confusion arises as to when the district court accepted Moore’s written plea of not guilty submitted under Neb. Rev. Stat. § 29-4206 (Reissue 2016) and thus waived arraignment and ended any continuances sought in relation thereto.”
State v. Damore, 320 Neb. 914 (Neb. 2026). “4 See Neb. Rev. Stat. § 29-4206 (Reissue 2016).”
State v. Simpson (Neb. Ct. App. 2020). “” Prior to trial, pursuant to Neb. Rev. Stat. § 29-4206 (Reissue 2016), Simpson filed a written waiver of arraignment and plea of not guilty, which were accepted by the district court.”
State v. Watson (Neb. Ct. App. 2025). “He filed a written waiver of his preliminary hearing with the county court on April 3, 2024.”
— Neb. Rev. Stat. § 29-4206(1) — 1 case
State v. Moore, 978 N.W.2d 327 (Neb. 2022). “The confusion arises as to when the district court accepted Moore’s written plea of not guilty submitted under Neb. Rev. Stat. § 29-4206 (Reissue 2016) and thus waived arraignment and ended any continuances sought in relation thereto.”
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