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Nebraska Waiver of Preliminary Hearing And Waiver of Physical Appearance

State:
Nebraska
Control #:
NE-SKU-0122
Format:
PDF
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Waiver of Preliminary Hearing And Waiver of Physical Appearance

The Nebraska Waiver of Preliminary Hearing And Waiver of Physical Appearance is a document that allows a defendant to waive their right to a preliminary hearing and their right to appear in court at the scheduled hearing. This waiver is typically used when a defendant is unable to physically attend the hearing or wishes to avoid the cost and time associated with a hearing. There are two types of Nebraska Waiver of Preliminary Hearing And Waiver of Physical Appearance: the Waiver of Preliminary Hearing and the Waiver of Physical Appearance. The Waiver of Preliminary Hearing allows the defendant to waive their right to a preliminary hearing and enter a plea of guilty or not guilty at a later date. The Waiver of Physical Appearance allows the defendant to waive their right to appear in court at the scheduled hearing, allowing them to enter their plea of guilty or not guilty without being present.

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FAQ

If you disagree with the court's decision to evict you or award the landlord monetary damages, you may file an appeal within 30 days of the judgment being entered. If you want to stay at the property during the appeals process, you must deposit money with the clerk of court.

In felony cases only, a defendant has a right to a preliminary hearing in county court where the state presents evidence and a judge determines whether the evidence shows probable cause that the crime charged has been committed, and that the defendant committed the crime.

An appellant must file his or her notice of appeal and deposit with the clerk of the district court the docket fee required by section 33-103 within 30 days of the entry of the order from which the appeal is taken.

A petition for further review and memorandum brief in support must be filed within 30 days after the release of the opinion of the Court of Appeals or the entry of the order of the Court of Appeals finally disposing of the appeal, whichever occurs later.

If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.

Defendant may file a written waiver of arraignment, indicating he understands the charges, penalties and rights and asks the court to enter a not guilty plea on his behalf. Then no hearing will be held.

(1) The county courts and district courts may accept a written waiver of preliminary hearing and a written waiver of arraignment and plea of not guilty from any defendant. The written waivers shall only be accepted if the defendant is represented by counsel.

District courts are trial courts of general jurisdiction and serve as appellate courts in deciding some appeals from county courts and various administrative agencies. There are 12 judicial districts in Nebraska and 56 district judges who serve Nebraska's 93 counties.

More info

Waiver of a Preliminary Hearing. Download Form (pdf, 739.A defendant may decide, after consulting with counsel, to waive the prelim. This allows the case to proceed to trial (though not immediately). Preliminary hearing. Through June 30, 2021, a defendant may waive the preliminary hearing over the telephone with the court, and the waiver. Preliminary hearings are not always required, and the defendant can choose to waive it. The very first (1st) court appearance is called the "arraignment. Alternatively, refusing to waive the hearing sends a message to the prosecution that the defendant plans on fighting the case. Waiver of first appearance.

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Nebraska Waiver of Preliminary Hearing And Waiver of Physical Appearance