(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).
· cites it 5× “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).
· cites it 6× “” Although it may be the custom in trial courts to assume the written not guilty plea has been accepted and only rejection of written not guilty pleas are done in writing, I do not think this custom is faithful to the statute and results in ambiguity, and the absence of a ruling…”
State v. Simpson, No. A-19-923 (Neb. Ct. App. Nov. 3, 2020).
· cites it 4× “” 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, No. A-25-102 (Neb. Ct. App. Sept. 16, 2025).
· cites it 2× “He filed a written waiver of his preliminary hearing with the county court on April 3, 2024.”
State v. Damore, 31 N.W.3d 604 (Neb. 2026).
· cites it 2× “- 917 - Nebraska Supreme Court Advance Sheets 320 Nebraska Reports STATE V. DAMORE Damore filed a motion to transfer the case to juvenile court.”
Neb. Rev. Stat. § 29-4206(1): 1 case
State v. Moore, 978 N.W.2d 327 (Neb. 2022).
“” Although it may be the custom in trial courts to assume the written not guilty plea has been accepted and only rejection of written not guilty pleas are done in writing, I do not think this custom is faithful to the statute and results in ambiguity, and the absence of a ruling…”
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treatment. Dots show Syfertize treatment of the citing case itself.