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

Neb. Rev. Stat. § 29-826 (2026)

Motion to suppress; appeal; time limit; order for custody

✓ current as of July 2026
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In making an order granting a motion to suppress and to return property, the trial court shall in such order fix a time, not exceeding ten days, in which the county attorney or other prosecuting attorney may file a notice with the clerk of such court of his or her intention to seek a review of the order. Upon the filing of such notice the trial court shall fix the time in which the application for review shall be filed with the appellate court, and shall make an appropriate order for custody of the property pending completion of the review.

Notes of Decisions
Cited in 7 cases, 1966–2015 · leading case: State v. Shurter, 468 N.W.2d 628 (Neb. 1991).
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State v. Shurter, 468 N.W.2d 628 (Neb. 1991). · cites it 2× “Neb. Rev. Stat. § 29-826 (Reissue 1989). In this case, the district court entered its order on January 10, 1991, but did not in that order set a time in which the State could file a notice of intent to seek review of the district court’s order.”
State v. Bailey, 402 N.W.2d 319 (Neb. 1987). · cites it 3× “Neb. Rev. Stat. § 29-826 (Reissue 1985) provides: In making an order granting a motion to suppress and to return property, the district court shall in such order fix a time, not exceeding ten days, in which the county attorney or other prosecuting officer may file a notice with…”
State v. Hagen, 143 N.W.2d 904 (Neb. 1966). · cites it 2× “The trial court sustained the motion and the county attorney has appealed pursuant to the provisions of section 29-826, R. R. S. 1943. The case has been briefed and orally argued to the writer of the opinion as the single judge assigned to hear and determine the issue in…”
State v. McArthur, 685 N.W.2d 733 (Neb. Ct. App. 2004). · cites it 9× “2d 319, 321 (1987), in which the Supreme Court *660 stated, “The only requirement to vest jurisdiction in this court on a § 29-824 appeal is to file in the district court the notice required by § 29-826 within the time fixed by that court, but not to exceed 10 days from the…”
State v. Ruiz-Medina, 597 N.W.2d 403 (Neb. Ct. App. 1999). · cites it 3× “Neb. Rev. Stat. § 29-826 (Cum. Supp. 1998) gives the district court the authority to establish time limits for the State to file a notice of intent to seek review in the clerk of the district court’s office and to file the application in the clerk of this court’s office.”
State v. Hood (Neb. Ct. App. 2015). · cites it 6× “The State timely filed a notice of intent to appeal on March 4, pursuant to Neb. Rev. Stat. § 29-826 (Reissue 2008). At that point, the State had 30 days, or until April 3, in which to file its applica- tion for review with the consent of the Attorney General.”
State v. Goreham, 418 N.W.2d 234 (Neb. 1988). · cites it 2× “Section 29-826 provides: In making an order granting a motion to suppress and to return property, the district court shall in such order fix a time, not exceeding ten days, in which the county attorney or other prosecuting officer may file a notice with the clerk of such court…”
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