Nebraska Objection is a type of legal argument used in the United States when a party objects to the introduction of evidence in a trial. It is a common objection in civil cases, as well as in criminal cases. The objection is based on a legal rule that evidence must be relevant to the case and must not be overly prejudicial. It is named after the case of Nebraska v. Nebraska, which established the legal principle that evidence must be relevant and not overly prejudicial. There are two types of Nebraska Objection: a general objection and a specific objection. A general objection is when a party objects to any evidence that is not related to the case. A specific objection is when a party objects to evidence that is related to the case, but that is overly prejudicial or that could be used to mislead the jury. In either case, the objecting party must explain their objection and provide reasons why the evidence should be excluded. The other party may then respond and present reasons why the evidence should be admitted. A judge will then make a ruling on whether the evidence should be admitted.
Nebraska Objection
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Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property for inspection and other purposes; physical and mental examinations; and requests
(1) A defendant shall serve an answer within 30 days after being served with the summons and complaint or completion of service by publication. (2) A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 30 days after being served.
Any party may serve upon any other party written interrogatories to be answered by the party served or if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party.
(A) A person served with a subpoena pursuant to this rule shall permit inspection, copying, testing, or sampling either where the documents or tangible things are regularly kept or at some other reasonable place designated by that person.
Facts of the case Nebraska passed a law prohibiting teaching grade school children any language other than English. Meyer, who taught German in a Lutheran school, was convicted under this law.
An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he or she states that he or she has made reasonable inquiry and that the information known or readily obtainable by him or her is insufficient to enable him or her to admit or deny.
An action may be dismissed without prejudice to a future action (1) by the plaintiff, before the final submission of the case to the jury, or to the court where the trial is by the court; (2) by the court where the plaintiff fails to appear at the trial; (3) by the court for want of necessary parties; (4) by the court
(1) Examination and cross-examination of witnesses may proceed as permitted at the trial under the provisions of the Nebraska Evidence Rules. The officer before whom the deposition is to be taken shall put the witness under oath and, if an interpreter is used, also put the interpreter under oath.