Nebraska Motion for the Disposition of Seized Property is a legal process in which a court is asked to determine the fate of property that has been seized by law enforcement or other government agencies. This motion is typically used when the owner of the seized property is not known or cannot be located. The motion can be used to either have the property returned to its rightful owner or to determine if the property should be forfeited to the government. There are two types of Nebraska Motion for the Disposition of Seized Property, namely: 1) Motion for Summary Disposition, and 2) Motion for Judicial Disposition. Motion for Summary Disposition is typically used in cases where the property is valued at less than $5,000 and there are no other claimants to the property. In a Motion for Summary Disposition, the court will make a decision on the fate of the property without a hearing. Motion for Judicial Disposition is used in cases where the property is valued at more than $5,000 and/or there is more than one claimant to the property. In a Motion for Judicial Disposition, the court will hold a hearing to determine the fate of the property. During the hearing, both parties will present evidence and the court will make a decision based on the evidence presented.
Nebraska Motion for the Disposition of Seized Property
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FAQ
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
A motion to quash may be made in all cases when there is a defect apparent upon the face of the record, including defects in the form of the indictment or in the manner in which an offense is charged. Source:G.S.1873, c. 58, § 440, p.
A motion for reconsideration is the functional equivalent of a motion to alter or amend a judgment.
In contrast to a motion to quash, a motion to suppress seeks to exclude certain evidence from being presented at trial.
The purpose of Nebraska's speedy trial act, sometimes called the "6-month rule," is protection of an accused from a criminal charge pending for an undue length of time.
Goods which are declared to be contraband but may reasonably be returned to a condition or state in which such goods may be lawfully used, possessed, or distributed by the public.
First, the forfeiture statute allows the owner of record of such property, at any time after seizure and prior to court disposition, to petition the district court of the county in which seizure was made to release such property.