reglab/housing_qa huggingface dataset:
NE Code § 29-1915 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1915 - Discovery order; specify time, place, and manner of inspections and making copies.

29-1915.  Discovery order; specify time, place, and manner of inspections and making copies.An order issued pursuant to the provisions of sections 29-1912 to 29-1921 shall specify the time, place, and manner of making the inspections and of making copies or photographs and may prescribe such terms and conditions as are just.Source  Laws 1969, c. 235, § 4, p. 869. Annotations A protective order limiting the defendant's and defense counsel's access to sensitive items in a sexual assault on a child case was properly granted. State v. Lovette, 15 Neb. App. 590, 733 N.W.2d 567 (2007).
NE Code § 29-1916 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1916 - Discovery order; reciprocity to prosecution; waiver of privilege of self-incrimination.

29-1916.  Discovery order; reciprocity to prosecution; waiver of privilege of self-incrimination.(1) Whenever the court issues an order pursuant to the provisions of sections 29-1912 and 29-1913, the court may condition its order by requiring the defendant to grant the prosecution like access to comparable items or information included within the defendant's request which:(a) Are in the possession, custody, or control of the defendant;(b) The defendant intends to produce at the trial; and(c) Are material to the preparation of the prosecution's case.(2) Whenever a defendant is granted an order under sections 29-1912 to 29-1921, the defendant shall be deemed to have waived the privilege of self-incrimination for the purposes of the operation of this section.Source   Laws 1969, c. 235, § 5, p. 869;  Laws 2019, LB496, § 6.  Annotations  This section does not provide a basis for a trial court to order a defendant to produce defense exhibits when the defendant has not requested a discovery order pursuant to section 29-1912. State v. Kinney, 262 Neb. 812, 635 N.W.2d 449 (2001). Whenever court issues order to produce documents or information on defendant's motion, it may require defendant to reciprocate. State v. Eskew, 192 Neb. 76, 218 N.W.2d 898 (1974).
NE Code § 29-1918 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1918 - Discovery of additional evidence; notify other party and court.

29-1918.  Discovery of additional evidence; notify other party and court.If, subsequent to compliance with an order for discovery under the provisions of sections 29-1912 to 29-1921, and prior to or during trial, a party discovers additional material which the party would have been under a duty to disclose or produce at the time of such previous compliance, the party shall promptly notify the other party or the other party's attorney and the court of the existence of the additional material. Such notice shall be given at the time of the discovery of such additional material.Source   Laws 1969, c. 235, § 7, p. 870;  Laws 2019, LB496, § 8.
NE Code § 29-1919 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1919 - Discovery; failure to comply; effect.

29-1919.  Discovery; failure to comply; effect.If, at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with sections 29-1912 to 29-1921 or an order issued pursuant to sections 29-1912 to 29-1921, the court may:(1) Order such party to permit the discovery or inspection of materials not previously disclosed;(2) Grant a continuance;(3) Prohibit the party from calling a witness not disclosed or introducing in evidence the material not disclosed; or(4) Enter such other order as it deems just under the circumstances.Source   Laws 1969, c. 235, § 8, p. 870;  Laws 2019, LB496, § 9.  Annotations  Under the plain meaning of this section, if a party fails to comply with discovery and give notice of an intent to call a witness, the court may prohibit that witness from being called. State v. Sierra, 305 Neb. 249, 939 N.W.2d 808 (2020). Under this section, on determination that a discovery order has not been complied with, the trial court has broad discretion to enter such other order as it deems just under the circumstances. State v. Surber, 221 Neb. 714, 380 N.W.2d 293 (1986). Subsection (4) of section 29-1919, R.R.S.1943, allows a court to enter no order at all. State v. Vicars, 207 Neb. 325, 299 N.W.2d 421 (1980).
NE Code § 29-1920 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1920 - Indigent defendant; costs; how taxed.

29-1920.  Indigent defendant; costs; how taxed.Whenever a defendant is adjudged indigent, the reasonable costs incurred in the operation of the provisions of sections 29-1912 to 29-1921 shall be taxed as costs against the prosecuting authority.Source  Laws 1969, c. 235, § 9, p. 871.
NE Code § 29-1921 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1921 - Attorney-client privilege protected.

29-1921.  Attorney-client privilege protected.Nothing in sections 29-1912 to 29-1921 shall be construed to authorize any disclosure which would violate the attorney-client privilege.Source  Laws 1969, c. 235, § 10, p. 871.
NE Code § 29-1922 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1922 - Motion to produce statement of defendant and names of eyewitnesses; filing; order.

29-1922.  Motion to produce statement of defendant and names of eyewitnesses; filing; order.Any defendant may file a motion to produce any statement made by the defendant, or furnish the name of every eyewitness who has identified the defendant at a lineup or showup. The motion shall be filed in the court where the case is to be tried and may be made at any time after the information, indictment, or complaint is filed, and must be filed at least ten days before trial or at the time of arraignment, whichever is the later, unless otherwise permitted by the court for good cause shown. Upon a showing that the items requested by the defendant may be material to the preparation of his or her defense and that the request is reasonable, the court shall entertain such motion and upon sufficient showing may at any time order that the discovery or the inspection be denied, restricted, or deferred or may specify the time, place, and manner of the making of the examination and the taking of copies of items requested and may prescribe such other terms and conditions as are just.Source   Laws 1969, c. 230, § 1, p. 857;   Laws 1983, LB 110, § 3.
NE Code § 29-1923 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1923 - Additional statement of defendant or name of eyewitness; prosecutor; notification required; failure to comply; effect.

29-1923.  Additional statement of defendant or name of eyewitness; prosecutor; notification required; failure to comply; effect.If, subsequent to compliance with an order issued pursuant to section 29-1922, and prior to or during trial, the prosecuting authority discovers any additional statement made by the defendant or the name of any eyewitness who has identified the defendant at a lineup or showup previously requested or ordered which is subject to discovery or inspection under section 29-1922, he or she shall promptly notify the defendant or his or her attorney or the court of the existence of this additional material. Such notice shall be given at the time of the discovery of such additional material. If at any time during the course of the proceedings it is brought to the attention of the court that the prosecuting authority has failed to comply with this section or with an order issued pursuant to section 29-1922, the court may order the prosecuting authority to permit the discovery or inspection of materials or witnesses not previously disclosed, grant a continuance, or prohibit the prosecuting authority from introducing in evidence the material or the testimony of the witness or witnesses not disclosed, or it may enter such other order as it deems just under the circumstances.Source   Laws 1969, c. 230, § 2, p. 857;   Laws 1983, LB 110, § 4;  Laws 2019, LB496, § 10.
NE Code § 29-1924 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1924 - Statement, defined.

29-1924.  Statement, defined.For purposes of sections 29-1922 and 29-1923, statement made by the defendant includes any of the following statements made by the defendant which relate to the investigation of the underlying charge or charges in the case and which were developed or received by law enforcement agencies:(1) Written or recorded statements;(2) Written summaries of oral statements; and(3) The substance of oral statements.Source   Laws 1969, c. 230, § 3, p. 858;   Laws 1983, LB 110, § 5;  Laws 2019, LB496, § 11.
NE Code § 29-1925 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1925 - Child victim or child witness; testimony; legislative intent.

29-1925.  Child victim or child witness; testimony; legislative intent.The Legislature recognizes that obtaining testimony in a criminal prosecution from a child victim of or a child witness to a felony offense may be a delicate matter and may require some special considerations. It is the intent of the Legislature to promote, facilitate, and preserve the testimony of such child victim or child witness in a criminal prosecution to the fullest extent possible consistent with the constitutional right to confrontation guaranteed by the Sixth Amendment of the Constitution of the United States and Article I, section 11, of the Nebraska Constitution.Source  Laws 1988, LB 90, § 1.
NE Code § 29-1927 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1927 - Admission of evidence of alibi; notice required; waiver.

29-1927.  Admission of evidence of alibi; notice required; waiver.No evidence offered by a defendant for the purpose of establishing an alibi to an offense shall be admitted in the trial of the case unless notice of intention to rely upon an alibi is given to the county attorney and filed with the court at least thirty days before trial, except that such notice shall be waived by the presiding judge if necessary in the interests of justice.Source  Laws 1993, LB 430, § 4.Annotations This section does not allow a court to order the disclosure of the identity of a defendant's alibi witnesses prior to trial. State v. Woods, 255 Neb. 755, 587 N.W.2d 122 (1998).
NE Code § 29-2003 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2003 - Joint indictment; special venire; when required; how drawn.

29-2003.  Joint indictment; special venire; when required; how drawn.When two or more persons have been charged together in the same indictment or information with a crime, and one or more have demanded a separate trial and had the same, and when the court is satisfied by reason of the same evidence being required in the further trial of parties to the same indictment or information, that the petit jurors from the jury panel and bystanders are incompetent, because of having heard the evidence, to sit in further causes in the same indictment or information, then the court may require the jury commissioner to draw in the same manner as described in section 25-1656 such number of names as the court may direct as a separate jury panel from which a jury may be selected, which panel shall be notified and summoned for the day and hour as ordered by the court. The jurors whose names are so drawn shall be summoned to forthwith appear before the court, and, after having been examined, such as are found qualified and have no lawful excuse for not serving as jurors shall constitute a special venire from which the court shall proceed to have a jury impaneled for the trial of the cause. The court may repeat the exercise of this power until all the parties charged in the same indictment or information have been tried.Source   Laws 1881, c. 34, § 1, p. 213;   R.S.1913, § 9106;   C.S.1922, § 10131;   C.S.1929, § 29-2003;   R.S.1943, § 29-2003;  Laws 2020, LB387, § 42.  Annotations  If several juries are picked at one time from a single jury panel for a series of trials, examination must be allowed if requested for good reason in subsequent trials in the series to determine if any jurors should be excused for cause. State v. Myers, 190 Neb. 466, 209 N.W.2d 345 (1973). Where separate trials are held on joint indictment or information for commission of single offense, jurors who sat in trial of one defendant are disqualified to sit in trial of others. Seaton v. State, 106 Neb. 833, 184 N.W. 890 (1921). Section applies only when two or more persons are charged in the same indictment and one has had a separate trial. Koenigstein v. State, 101 Neb. 229, 162 N.W. 879 (1917). Provisions of this section are not exclusive. Aabel v. State, 86 Neb. 711, 126 N.W. 316 (1910); Barber v. State, 75 Neb. 543, 106 N.W. 423 (1906); Barney v. State, 49 Neb. 515, 68 N.W. 636 (1896).
NE Code § 29-2007 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2007 - Challenges for cause; how tried.

29-2007.  Challenges for cause; how tried.All challenges for cause shall be tried by the court, on the oath of the person challenged, or on other evidence, and such challenge shall be made before the jury is sworn, and not afterward.Source   G.S.1873, c. 58, § 469, p. 827;   R.S.1913, § 9110;   C.S.1922, § 10135;   C.S.1929, § 29-2007;   R.S.1943, § 29-2007. Annotations  This section does not bar examination and challenge for cause in subsequent trials in series even after jury is sworn if several juries are picked at one time from a single jury panel for a series of trials. State v. Myers, 190 Neb. 466, 209 N.W.2d 345 (1973). All challenges for cause are decided by court. Rakes v. State, 158 Neb. 55, 62 N.W.2d 273 (1954). In impaneling a jury, all challenges for cause are tried to the court. Lee v. State, 147 Neb. 333, 23 N.W.2d 316 (1946). If cause of challenge is denied by juror on voir dire after accused's peremptory challenges are exhausted, accused has right to have issue tried and witnesses examined. Trobough v. State, 119 Neb. 128, 227 N.W. 443 (1929). Decision of trial judge being based on consideration of all facts developed during examination, including appearance and actions of juror, will not be reversed unless clearly wrong. Bemis v. City of Omaha, 81 Neb. 352, 116 N.W. 31 (1908); Ward v. State, 58 Neb. 719, 79 N.W. 725 (1899). Evidence relating to challenges to jurors cannot be considered unless settled and allowed by bill of exceptions. West v. State, 63 Neb. 257, 88 N.W. 503 (1901).
NE Code § 29-2008 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2008 - Defendants tried together; number of peremptory challenges allowed.

29-2008.  Defendants tried together; number of peremptory challenges allowed.If two or more persons be put on trial at the same time, each must be allowed his separate peremptory challenge, and in such cases the attorney prosecuting on behalf of the state shall be allowed such peremptory challenges for each of such defendants as are allowed by law.Source   G.S.1873, c. 58, § 470, p. 827;   R.S.1913, § 9111;   Laws 1915, c. 167, § 1, p. 338;   C.S.1922, § 10136;   C.S.1929, § 29-2008;   R.S.1943, § 29-2008. Annotations When defendants, being tried together, do not demand full number of challenges allowed, their rights thereto are waived. Nash v. State, 110 Neb. 712, 194 N.W. 869 (1923).
NE Code § 29-2009 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2009 - Jurors; oath; form.

29-2009.  Jurors; oath; form.When all challenges have been made, the following oath shall be administered: You shall well and truly try, and true deliverance make, between the State of Nebraska and the prisoner at the bar (giving his name), so help you God.Source   G.S.1873, c. 58, § 471, p. 827;   R.S.1913, § 9112;   C.S.1922, § 10137;   C.S.1929, § 29-2009;   R.S.1943, § 29-2009. Annotations  Trial court's journal entry reciting jury was sworn imports verity absent contrary proof. State v. Martin, 198 Neb. 811, 255 N.W.2d 844 (1977). It is the duty of jury to endeavor to agree upon verdict; agreement by them to evade such duty is violation of oath. Green v. State, 10 Neb. 102, 4 N.W. 422 (1880). Where record states that jury was sworn "to well and truly try and true deliverance make upon the issue joined between the parties," it is presumed that oath was administered in statutory form. Smith v. State, 4 Neb. 277 (1876).
NE Code § 29-2010 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2010 - Juror; affirmation; form.

29-2010.  Juror; affirmation; form.Any juror shall be allowed to make affirmation, and the words this you do as you shall answer under the pains and penalties of perjury shall be substituted instead of the words so help you God.Source   G.S.1873, c. 58, § 472, p. 827;   R.S.1913, § 9113;   C.S.1922, § 10138;   C.S.1929, § 29-2010;   R.S.1943, § 29-2010.
NE Code § 29-2011 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2011 - Jurors; permitted to take notes; use; destruction.

29-2011.  Jurors; permitted to take notes; use; destruction.Jurors shall be permitted, but not required, to take notes. The notes may be used during the jury's deliberations and shall be treated as confidential between the juror making them and the other jurors. The trial judge shall ensure the confidentiality of the notes during the course of the trial and the jury's deliberations and shall instruct the bailiff to immediately mutilate and destroy such notes upon return of the verdict.Source  Laws 2008, LB1014, § 72;  Laws 2020, LB387, § 43.
NE Code § 29-2011.03 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2011.03 - Order for testimony or information of witness; request; when.

29-2011.03.  Order for testimony or information of witness; request; when.The county attorney, other prosecuting attorney, Auditor of Public Accounts, or chairperson of the Executive Board of the Legislative Council or chairperson of a standing committee or a special legislative investigative or oversight committee of the Legislature upon an affirmative vote of a majority of the board or committee, may request an order pursuant to section 29-2011.02 when in such person's judgment:(1) The testimony or other information from such individual may be necessary to the public interest; and(2) Such individual has refused or is likely to refuse to testify or provide other information on the basis of the privilege against self-incrimination.Source   Laws 1982, LB 525, § 2;   Laws 1990, LB 1246, § 13;  Laws 2015, LB539, § 2;  Laws 2020, LB681, § 2.
NE Code § 29-2012 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2012 - Joint defendants; discharge of one or more; when authorized; effect.

29-2012.  Joint defendants; discharge of one or more; when authorized; effect.When two or more persons shall be indicted together, the court may, at any time before the defendant has gone into his defense, direct any one of the defendants to be discharged that he may be a witness for the state. An accused may, also, when there is not sufficient evidence to put him upon his defense, be discharged by the court; or, if not discharged by the court, shall be entitled to the immediate verdict of the jury, for the purpose of giving evidence for others accused with him. Such order of discharge in either case shall be a bar to another prosecution for the same offense.Source   G.S.1873, c. 58, § 474, p. 827;   R.S.1913, § 9115;   C.S.1922, § 10140;   C.S.1929, § 29-2012;   R.S.1943, § 29-2012. Annotations When separate trials are awarded to parties jointly indicted, each is a competent witness for the state upon the trial of other, without being first acquitted, and without entry of nolle prosequi. Carroll v. State, 5 Neb. 31 (1876).
NE Code § 29-2014 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2014 - Conspiracy; overt acts; allegations required; proof.

29-2014.  Conspiracy; overt acts; allegations required; proof.In trials for conspiracy, in cases where an overt act is required by law to consummate the offense, no conviction shall be had unless one or more overt acts be expressly alleged in the indictment, nor unless one or more of the acts so alleged be proved on trial; but other overt acts not alleged in the indictment may be given in evidence on the part of the prosecution.Source   G.S.1873, c. 58, § 476, p. 828;   R.S.1913, § 9117;   C.S.1922, § 10142;   C.S.1929, § 29-2014;   R.S.1943, § 29-2014. Annotations  In trials for conspiracy where an overt act is required by law to consummate the offense, a specific overt act must be alleged. An allegation that a person committed an overt act is not adequate. State v. Marco, 230 Neb. 355, 432 N.W.2d 1 (1988). Doing of overt act by one or more of the conspirators is essential to conviction on charge of conspiracy. Beyl v. State, 165 Neb. 260, 85 N.W.2d 653 (1957). An overt act effecting the object of a conspiracy is a necessary element of conspiracy. Platt v. State, 143 Neb. 131, 8 N.W.2d 849 (1943). Mere tacit understanding to work to common unlawful purpose is all that is essential to guilty combination. Deupree v. Thornton, 97 Neb. 812, 151 N.W. 305 (1915), reversed on rehearing, 98 Neb. 804, 154 N.W. 557 (1915). Conspiracy cannot be established by admissions alone of coconspirator who is not a party to record. State v. Merchants Bank, 81 Neb. 704, 116 N.W. 667 (1908); O'Brien v. State, 69 Neb. 691, 96 N.W. 649 (1903). For rules as to proof of conspiracy in civil cases see Harvey v. Harvey, 75 Neb. 557, 106 N.W. 660 (1906); Farley v. Peebles, 50 Neb. 723, 70 N.W. 231 (1897).
NE Code § 29-2017 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2017 - Jury; view place of occurrence of material fact; restrictions.

29-2017.  Jury; view place of occurrence of material fact; restrictions.Whenever in the opinion of the court it is proper for the jury to have a view of the place in which any material fact occurred, it may order them to be conducted in a body, under charge of the bailiff, to the place which shall be shown to them by the bailiff, an individual appointed by the court, or both. While the jury are thus absent, no person other than the bailiff or individual appointed by the court shall speak to them on any subject connected with the trial.Source   G.S.1873, c. 58, § 479, p. 829;   R.S.1913, § 9120;   C.S.1922, § 10145;   C.S.1929, § 29-2017;   R.S.1943, § 29-2017;  Laws 2020, LB387, § 44.  Annotations  The court did not abuse discretion in rejecting defendant's motion to have jury visit jail from which he had escaped. State v. Glenn, 193 Neb. 230, 226 N.W.2d 137 (1975). In absence of abuse of discretion, court may order, or refuse to permit, jury to inspect scene of alleged crime. State v. Craig, 189 Neb. 461, 203 N.W.2d 158 (1973). No presumption that prisoner was not present at view, if record shows him to have been present in court when order was made, though record is silent as to presence at view. Fillion v. State, 5 Neb. 351 (1877). View should be in presence of prisoner, unless he waives privilege. Carroll v. State, 5 Neb. 31 (1876).