Nebraska Revised Statutes

Neb. Rev. Stat. § 83-1059 (2026)

Transferred to section 71-955

✓ current as of July 2026

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83-1059.

Transferred to section 71-955.

Notes of Decisions

Cited in 12 cases, 1978–2005 · leading case: Kraemer v. Mental Health Bd., 261 N.W.2d 626 (Neb. 1978).

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Kraemer v. Mental Health Bd., 261 N.W.2d 626 (Neb. 1978). · cites it 12× “The claim that the statements made by the patient during a psychiatric interview violated the Fifth and Fourteenth Amendment right not to incriminate oneself is bottomed on the provisions of section 83-1059, R. R. S. 1943. That section provides: “The rules of evidence applicable…”

Verle O. v. Mental Health Bd., 691 N.W.2d 177 (Neb. Ct. App. 2005). · cites it 2× “See Neb. Rev. Stat. § 83-1059 (Cum. Supp. 2002) (repealedby 2004 Neb.”

In Re Interest of SB, 639 N.W.2d 78 (Neb. 2002). · cites it 2× “At the hearing, the subject “shall appear personally and be afforded the opportunity to testify in his or her own behalf and to present witnesses and tangible evidence in defending against the petition at the hearing.”

Guardianship & Conservatorship of Sim, 403 N.W.2d 721 (Neb. 1987). · cites it 2× “2d 1064 (1979), this court examined Neb. Rev. Stat. § 83-1059 (Reissue 1976), which prescribes the rules of evidence applicable to proceedings under the Nebraska Mental Health Commitment Act.”

In Re Interest of Blythman, 302 N.W.2d 666 (Neb. 1981). · cites it 2× “Neb. Rev. Stat. § 83-1059 (Reissue 1976) makes the general rules of evidence, Neb.”

In Re Interest of Powers, 493 N.W.2d 166 (Neb. 1992). “) As further examples, § 83-1059 provides, among other things, that the “rules of evidence applicable in civil proceedings shall be followed at all hearings” held under the act, and § 83-1061 provides that “[a]ll proceedings held” under the act be of record.”

In Interest of Kinnebrew, 402 N.W.2d 264 (Neb. 1987). · cites it 3× “Neb. Rev. Stat. § 83-1059 (Reissue 1981) provides: “The rules of evidence applicable in civil proceedings shall be followed at all hearings held under this act [the Nebraska Mental Health Commitment Act].”

In Interest of Rasmussen, 462 N.W.2d 621 (Neb. 1990). · cites it 3× “In his objection, Rasmussen claimed that due process and § 83-1059 (Reissue 1987) require that prior to their admission into evidence, an independent determination on the record must be made that any statements made to the police while a subject of a mental health commitment is…”

In Re Interest of Verle O., 13 Neb. Ct. App. 256 (Neb. Ct. App. 2005). · cites it 2× “[7-9] Verle asserts that the court erred in using his "1993 no contest conviction" against him in the Board's proceedings and in admitting the record of the conviction, consisting of exhibits 1 through 4.”

In Re Interest of Ely, 371 N.W.2d 724 (Neb. 1985). · cites it 3× “The rules of evidence applicable to hearings before the mental health board are set out in Neb. Rev. Stat. § 83-1059 (Reissue 1981): “The rules of evidence applicable in civil proceedings shall be followed at all hearings held under this act.”

Headrick v. Adams Cnty. Mental Health Bd., 532 N.W.2d 643 (Neb. Ct. App. 1995). · cites it 2× “This is true even if the subject’s behavior is angry, strange, drunken, or uncooperative. There still must be evidence to support a prediction of future dangerousness, notwithstanding the recitation of Webb’s behavior exhibited on March 29.”

In Re Interest of Adams, 430 N.W.2d 295 (Neb. 1988). “§ 83-1059. Regarding a third degree sexual assault, the gravamen of the criminal offense is a nonconsensual sexual contact, namely, sexual touching achieved by force or “threat of force.”

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