Nebraska Jury Trial Request

State:
Nebraska
Control #:
NE-SKU-0490
Format:
PDF
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Description

Jury Trial Request

A Nebraska Jury Trial Request is a document used to formally request a jury trial in the state of Nebraska. This request must be filed with the court in person or through mail. There are two types of Nebraska Jury Trial Requests: a request for a jury trial in a civil case and a request for a jury trial in a criminal case. In both cases, the request must include the name of the court, the case number, the names of the parties involved, and the reason for the jury trial. The requesting party must also provide proof of service to the other party and pay the required filing fee. Once the request has been filed, the court will set a date for the trial.

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FAQ

Decision Making: The primary difference between jury trials and bench trials is the decision-making authority. In a jury trial, decision making is shared between 12 individuals who must deliberate prior to reaching a verdict. During a bench trial, the judge is the sole individual who determines guilty or not guilty.

A summoned juror who neglects to attend without good cause may be found guilty of contempt of court. The penalty for contempt of court is imprisonment in the county jail for not more than 30 days. Employers in Nebraska are also forbidden from penalizing employees who miss work for jury duty.

Will I be paid for jury service? For each required day you will receive $35 per day plus mileage.

While we recommend a jury trial in most cases, a bench trial is the better choice when: The defendant wants the case resolved quickly. Bench trials are easier to schedule because a judge can have multiple bench trials in one day. A judge can only have one jury trial in one day.

Although jury trials are the standard in most criminal cases, in some situations, the accused may receive a bench trial instead. These types of trials are typically reserved for traffic cases, civil disputes, and certain juvenile offenses.

Bench trial refers to the type of trial that does not involve a jury but is conducted by the judge alone, in which the judge both decides the facts of the case and applies the law. The word bench in the law is in reference to the judge, so a bench trial is a trial conducted by a judge, as opposed to a jury trial.

At a bench trial, the judge rules on the procedural and evidentiary issues and takes on the jury's role as factfinder. The judge will make the rulings, hear the evidence, and decide whether the defendant is guilty or not guilty.

Waiving the right to a jury trial means that the judge alone will hear and decide the case. Known as a ?bench trial,? this option is unquestionably cheaper and faster than trying the case before a jury. Juries must be selected, instructed, and waited on during deliberations.

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Nebraska Jury Trial Request