Nebraska Statutes 29-2103. New trial; motion; how and when made
(1) A motion for new trial shall be made by written application and may be filed either during or after the term of the court at which the verdict was rendered.
Terms Used In Nebraska Statutes 29-2103
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
(2) A motion for a new trial shall state the grounds under section 29-2101 which are the basis for the motion and shall be supported by evidence as provided in section 29-2102.
(3) A motion for new trial based on the grounds set forth in subdivision (1), (2), (3), (4), or (7) of section 29-2101 shall be filed within ten days after the verdict was rendered unless such filing is unavoidably prevented, and the grounds for such motion may be stated by directly incorporating the appropriate language of section 29-2101 without further particularity.
(4) A motion for new trial based on the grounds set forth in subdivision (5) of section 29-2101 shall be filed within a reasonable time after the discovery of the new evidence and cannot be filed more than five years after the date of the verdict, unless the motion and supporting documents show the new evidence could not with reasonable diligence have been discovered and produced at trial and such evidence is so substantial that a different result may have occurred.
(5) A motion for new trial based on the grounds set forth in subdivision (6) of section 29-2101 shall be filed within ninety days after a final order is issued under section 29-4123 or within ninety days after the hearing if no final order is entered, whichever occurs first.
Source
- G.S.1873, c. 58, § 491, p. 831;
- Laws 1881, c. 33, § 1, p. 212;
- R.S.1913, § 9133;
- C.S.1922, § 10158;
- C.S.1929, § 29-2103;
- Laws 1935, c. 65, § 1, p. 223;
- C.S.Supp.,1941, § 29-2103;
- R.S.1943, § 29-2103;
- Laws 1947, c. 104, § 1, p. 293;
- Laws 2001, LB 659, § 13;
- Laws 2015, LB245, § 2.