Nebraska's Procedural Rules of Evidence

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Authors

Mangrum, Richard Collin

Issue Date

1996

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29

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Journal Article

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FIRST PARAGRAPH(S)|Rule 101 states that the Nebraska Rules of Evidence apply in Nebraska courts to the extent provided in Rule 1101. Rule 101 thus maybe understood only by reference to Rule 1101. Rule 1101(1) provides that the rules of evidence apply to the Nebraska Supreme Court, district courts, county, and juvenile courts. Rule 1101(2) states that the rules apply "to all civil and criminal proceedings, including contempt proceedings except those in which the judge may act summarily." Rule 1101(4) further provides that the rules (except with respect to privilege) do not apply (a) to grand jury proceedings; (b) to extradition or rendition proceedings, preliminary examinations in criminal cases,sentencing or probation hearings, when seeking the issuance of a warrant or summons, and in bail proceedings; (c) in contested administrative hearings, unless a party "requests that the agency be bound by the rules of evidence;" or (d) in proceedings before the Nebraska Workers' Compensation Court or the Small Claims Court...

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29 Creighton L. Rev. 219 (1995-1996)

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Creighton University School of Law

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