Nebraska Statutes 29-2306. Criminal case; docket fee; when paid by county; in forma pauperis; costs
If a defendant in a criminal case files, within thirty days after the entry of the judgment, order, or sentence, an application to proceed in forma pauperis in accordance with sections 25-2301 to 25-2310 with the clerk of the district court, then no payment of the docket fee shall be required of him or her unless the defendant’s application to proceed in forma pauperis is denied. The clerk of the district court shall forward a certified copy of such application, including the affidavit, to the Clerk of the Supreme Court. If an application to proceed in forma pauperis is filed and granted, the Court of Appeals or Supreme Court shall acquire jurisdiction of the case when the notice of appeal is filed with the clerk of the district court. In cases in which an application to proceed in forma pauperis is granted, the amount of the costs shall be endorsed on the mandate and shall be paid by the county in which the indictment was found.
Source
- G.S.1873, c. 58, § 508, p. 834;
- Laws 1883, c. 86, § 1, p. 332;
- R.S.1913, § 9177;
- C.S.1922, § 10184;
- C.S.1929, § 29-2306;
- R.S.1943, § 29-2306;
- Laws 1949, c. 73, § 1, p. 187;
- Laws 1957, c. 107, § 2, p. 379;
- Laws 1961, c. 134, § 3, p. 390;
- Laws 1973, LB 146, § 5;
- Laws 1982, LB 722, § 7;
- Laws 1987, LB 33, § 4;
- Laws 1991, LB 732, § 78;
- Laws 1999, LB 43, § 17;
- Laws 1999, LB 689, § 13.
Terms Used In Nebraska Statutes 29-2306
- Acquire: when used in connection with a grant of power or property right to any person shall include the purchase, grant, gift, devise, bequest, and obtaining by eminent domain. See Nebraska Statutes 49-801
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Docket: A log containing brief entries of court proceedings.
- In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.