27-1001. Rule 1001. Definitions; writings and recordings, photographs, original, and duplicate. For purposes of this article the following definitions are applicable: (1) Writings and recordings consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation; (2) […]
27-1002. Rule 1002. Requirement of original; exception. To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by Act of Congress or of the Legislature of the State of Nebraska or by other rules adopted by the Supreme Court […]
27-1003. Rule 1003. Admissibility of duplicate; when. A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original. Source Laws 1975, LB 279, […]
27-1004. Rule 1004. Admissibility of other evidence of contents; when. The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if: (1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or (2) No original can be […]
27-1005. Rule 1005. Public records; contents, how proved. The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with section 27-902 or testified to be […]
27-1006. Rule 1006. Voluminous writings, recordings, or photographs; summaries; availability; orders. The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties […]
27-1007. Rule 1007. Contents of writings, recordings, or photographs; how proved. Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by his written admission, without accounting for the nonproduction of the original. Source Laws 1975, LB 279, § 70.
27-1008. Rule 1008. Functions of judge and jury. When the admissibility of other evidence of contents of writings, recordings, or photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the judge to determine. However, when an issue is raised (1) […]
27-101. Rule 101. Scope. These rules govern proceedings in the courts of the State of Nebraska, except to the extent and with the exceptions stated in section 27-1101. Source Laws 1975, LB 279, § 1. Annotations In proceedings where the Nebraska Evidence Rules apply, the admissibility of evidence is controlled by the Nebraska Evidence Rules; […]
27-102. Rule 102. Purpose and construction. These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined. Source Laws 1975, LB 279, § 2. Annotations Requiring […]
27-103. Rule 103. Rulings on evidence; effect of erroneous ruling; objection; offer of proof; record of offer and ruling; hearing of jury; plain error. (1) Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and: (a) In case the ruling is one […]
27-104. Rule 104. Preliminary questions; questions of admissibility, generally; relevancy conditioned on fact; hearing of jury; testimony by accused; weight and credibility. (1) Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the judge, subject to the provisions […]
27-105. Rule 105. Limited admissibility. When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the judge, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly. Source Laws 1975, LB 279, § 5. […]
27-106. Rule 106. Remainder of or related writings or recorded statements; action of judge. (1) When part of an act, declaration, conversation or writing is given in evidence by one party, the whole on the same subject may be inquired into by the other. When a letter is read, all other letters on the same […]
27-1101. Rule 1101. Applicability of rules; courts; proceedings generally; rules inapplicable; grand jury, miscellaneous proceedings; rules applicable in part. (1) The Nebraska Evidence Rules apply to the following courts in the State of Nebraska: Supreme Court, Court of Appeals, district courts, county courts, and juvenile courts. The word judge when used in the rules shall […]
27-1102. Rule 1102. Act, when effective. These rules shall apply in all trials commenced after December 31, 1975. Source Laws 1975, LB 279, § 74.
27-1103. Rule 1103. Act, how cited. These rules may be known and cited as the Nebraska Evidence Rules. Source Laws 1975, LB 279, § 73; Laws 2009, LB97, § 8; Laws 2020, LB881, § 5.
27-1201. Unanticipated outcome of medical care; civil action; health care provider or employee; use of certain statements and conduct; limitations. (1) In any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to such civil action, any and all statements, affirmations, gestures, or conduct […]
27-1301. Evidence of visual depiction of sexually explicit conduct; restrictions on care, custody, and control; Supreme Court; duties. (1) In any judicial or administrative proceeding, any property or material that constitutes a visual depiction of sexually explicit conduct, as defined in section 28-1463.02, and which has a child, as defined in such section, as one […]
27-201. Rule 201. Judicial notice of adjudicative facts; kinds of facts; when discretionary; when mandatory; opportunity to be heard; time of taking notice; instructing jury. (1) This rule governs only judicial notice of adjudicative facts. (2) A judicially noticed fact must be one not subject to reasonable dispute in that it is either (a) generally […]
