What are Nebraska Court Records?

With over 1.9 million residents, Nebraska ranks as the 37th most populous state in the United States. The state's population is served by various levels of court comprising the trial and appellate courts, and over 315,000 cases are filed annually within the state's judicial branch. Records gathered from these cases are called court records in Nebraska, and they are considered public records unless sealed.

Nebraska court records can be in the form of materials such as papers, books, calendars, reports, and pertinent information generated or collected in the course of court proceedings within the state. A typical court record in Nebraska is made up of complaints/indictments, case information, evidence, pleadings, orders, motions, transcripts, court minutes, witness testimonies, notices, and briefs.

Case File

This is a collection of all documents filed in a court regarding a legal case. While the content may vary depending on the case type, it typically contains all filings that occur throughout the life of a case.

Docket

This is a log containing the entire history of a case and is usually represented as chronological entries summarizing all proceedings in a court case.

Judgment

This is a court's decision regarding a case. It typically resolves the disputes between parties in any case by either granting or denying a plaintiff's claim.

Court Minutes

This is a well-written record of the proceedings in a courtroom. It details the start and recess of trials, names of witnesses, names of attorneys, and the court rulings.

Transcript

This is a written, word-for-word document detailing what was said in a court proceeding, like a trial or other legal conversation, such as an oral deposition or a hearing.

Evidence

This is the information provided in documents or testimony to convince the judge or jury to decide a matter in favor of one of the parties involved in the case.

Brief

This is a written statement presented in a trial by an attorney to any party involved in a case explaining their factual arguments supporting their client. Its purpose in an appellate proceeding is to persuade the higher court to reverse or uphold the lower (trial) court's decision.

Complaint

This is a written statement by a plaintiff detailing their claims against the defendant in a civil lawsuit. Typically, a civil case starts with a complaint filed with the appropriate court.

Indictment

This is a formal charge stating that enough evidence exists to justify arraigning the defendant in a criminal case trial.

Most court records are public in Nebraska and may be accessed by interested persons per the state's Public Records Laws. Nonetheless, certain court records in the state are sealed, while others are exempted by law from public disclosure. These records are not publicly available for inspection or copying and may only be accessed by authorized individuals or entities.

Types of Court Cases

Most lawsuits filed in Nebraska courts are broadly categorized as civil or criminal cases.

Civil Cases

In Nebraska, civil cases are legal matters in which private individuals, entities, and governmental bodies take each other to court to resolve non-criminal-related issues. Typically, a judge's or jury's decision in any civil case is based on preponderance of the evidence. In other words, if a party wins in a civil matter, it means the evidence they presented was more convincing than the other party's. It does not necessarily mean that the winning party provided more evidence than the other party. In other cases, a jury or judge may reach their decision in a civil matter based on clear and convincing evidence. This implies that a person has to prove that their version of the facts is highly probable or considerably more likely than not.

Civil cases in Nebraska may involve personal or property rights, and common examples include contract disputes, divorces, adoptions, personal/auto accidents, and probates. Others are landlord-tenant disputes, guardianships, breach of warranty and consumer goods, small claims cases, and professional liability suites.

Criminal Cases

Criminal cases in Nebraska are lawsuits filed by the state against individuals or groups of persons accused of breaking the law or committing a crime. No other person or entity but the state can bring a criminal lawsuit against someone. Typically, a representative of the state initiates charges against the defendants in criminal cases, as criminal offenses are considered acts against the people of the state. A defendant is presumed innocent in a criminal case until the state can prove the defendant's guilt beyond a reasonable doubt before the judge or jury. This means that the burden of proof is on the government.

Criminal offenses prosecuted by the government in Nebraska are broadly categorized as misdemeanors and felonies. Common examples are robbery, murder, theft, sexual assault, arson, aggravated assault, burglary, and manslaughter. Depending on the type and severity, any defendant found guilty in a criminal case in the state faces certain sentences, which may include incarceration, fines, probation (administrative or supervised), or a combination of the three. Due to the severe consequences of a guilty verdict in Nebraska criminal cases, the state provides defendants with some constitutional rights. The most common of these rights is the right to a court-appointed attorney if they cannot afford a lawyer.

What Are the Different Courts in Nebraska?

Nebraska's judicial power is distributed among the state's court structure, which includes the Supreme Court, Court of Appeals, County Courts, and District Courts, which are all created by the constitution of the state. The Nebraska judicial system also operates some other courts besides the ones created by the state's constitution. These are the Workers' Compensation Court, Separate Juvenile Courts, Small Claims Court, and Drug and Problem-Solving Courts. Generally, all courts in the state operate under the Supreme Court's administrative oversight. Generally, Nebraska's court structure may be categorized into trial and appellate courts.

Nebraska Trial Courts

Trial courts in Nebraska typically review and determine the materiality of evidence presented in the courtroom to make decisions. They include the District Courts and the County Courts.

District Courts

Nebraska District Courts are the state's general jurisdiction trial courts. They are authorized by law to handle all types of criminal cases, including serious ones, and civil cases, including divorce matters, with a few exceptions. District Courts play an appellate role in deciding appeals from most county court cases and various administrative agencies within the state. They also hear most domestic relations matters and share some jurisdiction over certain kinds of domestic relations matters with County Courts. Nebraska has 58 District Court judges who serve the 12 judicial districts in all of the state's 93 counties. Each county in the state has a Clerk of the District Court who performs administrative roles associated with the court.

County Courts

The County Courts in Nebraska are the state's trial courts with defined limited jurisdiction. They handle all minor criminal matters, adoption cases, traffic and municipal ordinance violations, small claims, guardianships, probates, and conservatorship. Most juvenile matters in Nebraska are also filed and handled in County Courts unless there is a Separate Juvenile Court in the district. For instance, in Lancaster, Sarpy, and Douglas Counties, juvenile cases are heard by the Separate Juvenile Courts in those counties.

Nebraska County Courts exercise concurrent jurisdiction with the District Courts in certain civil cases whose amount in controversy does not exceed $57,000 and some divorce cases. Also, they may conduct initial hearings in felony criminal cases. Even though the state's County Courts have concurrent jurisdiction with the District Court in traffic infractions and misdemeanor matters, almost all such cases are handled by the County Courts. Like the District Courts, Nebraska County Courts also have 12 judicial districts, all served by 58 County Court judges.

Nebraska Appellate Courts

In Nebraska, the duty of the appellate courts includes reviewing materials from legal cases already tried in the lower (trial courts). These courts - the Supreme Court and the Court of Appeals, typically determine if there are rules that the trial courts did not follow or whether any mistakes were made that may require a new trial at the appellate level.

Supreme Court

Besides providing administrative direction for other courts within the state's judicial system, the Supreme Court's main role is to hear appeals from other courts to be sure that they did not commit any mistakes. It hears all appellate cases relating to life imprisonment sentences, the death penalty, and constitutional questions about the State of Nebraska. State law empowers it to be the original court where a legal matter is heard on certain occasions. Court of Appeal cases may be moved to the Supreme Court if a petition for further review is granted.

Furthermore, the Nebraska Supreme Court has a duty to regulate law practice within the state and, as such, is tasked with the admission of attorneys to the State Bar Association. It has a Chief Justice typically appointed by the Governor and six other associate justices selected to represent one of six judicial districts.

Court of Appeals

Nebraska Court of Appeals typically hears all appeals that do not involve life imprisonment or the death sentence. If the party to a case in a District or County Court believes that the lower court did not properly abide by the rules and wants to determine if a mistake was made, they may file an appeal with the state's Court of Appeals for another hearing.

Sometimes, a petition to bypass may be filed with the Nebraska Supreme Court in matters appealed to the Court of Appeals. Without conducting any hearing on that case at the Court of Appeals, such a petition may be granted and moved to the Supreme Court docket if the court deems it necessary. Also, a petition for further review may be filed after the Court of Appeals has ruled on a legal matter, but one of the parties is not satisfied with the court's decision. If the petition is granted, the case is moved to the Supreme Court. However, if the Supreme Court denies such a petition, the ruling by the Court of Appeals becomes final.

The Nebraska Court of Appeals is served by six judges who are appointed by the Governor, one from the same six districts as the state's Supreme Court, and they are divided into two panels. Each panel consists of three judges, and each panel decides on separate cases to expedite the hearing and processing of appeals from the lower courts. The Supreme Court has the responsibility of appointing one of these judges as Chief Judge.

Other types of courts in Nebraska include the following:

Separate Juvenile Courts

These courts typically handle criminal cases committed by youths under 18 years in Nebraska. They also handle cases involving dependent, neglected, and delinquent children. Furthermore, the Nebraska Separate Juvenile Courts exercise jurisdiction in domestic relations matters where minor children's support, care, or custody is a problem. The state's three Separate Juvenile Courts are located in Sarpy, Douglas, and Lancaster Counties.

Workers' Compensation Court

The Nebraska Compensation Court administers and enforces the provisions of the state's Workers' Compensation Act. It typically decides cases of claims for workers' compensation benefits arising from injuries sustained on the job or illnesses. As a result of its statewide jurisdiction, the six judges of the Nebraska Workers' Compensation Court are required to travel across different parts of the state to hold hearings.

Drug and Problem-Solving Courts

These include special courts for adults with drug problems, juvenile drug treatment courts, and family treatment courts. Generally, the problem-solving courts in Nebraska operate within the state's trial courts in all 12 Nebraska judicial districts. They help individuals and families to thrive while ensuring safer communities within the state through innovative court programs. These courts are governed by the Nebraska Supreme Court Committee on Problem-Solving Courts.

How Many Federal Courts Are in Nebraska?

Nebraska's only federal district court is the United States District Court for the District of Nebraska. The court is served by three judges who are nominated by the President of the United States and must be confirmed by the United States Senate. The U.S. District Court for the District of Nebraska has jurisdiction over cases of federal question. These are cases involving federal statutes and the United States Constitution.

Similarly, cases that are based on state law may be heard in the federal court in Nebraska under diversity jurisdiction. In such legal matters, plaintiffs from other states can file lawsuits in the U.S. District Court for the District of Nebraska if the defendant lives in Nebraska and the amount in controversy is more than $75,000. Typically, decisions made by the federal district court in Nebraska may be appealed to the Eighth Circuit Court of Appeals.

How Many Court Cases Are Filed Each Year in Nebraska?

The County Courts are where the highest number of cases are filed annually in Nebraska, followed by the District Court. An average of 270,000 case filings are done with the state's County Courts yearly. These include adult and juvenile cases from the 12 judicial districts of the County Courts. Also, the Nebraska District Courts receive an average case filing of about 35,800 annually from the court's 12 judicial districts. Statewide, an estimated 9,200 legal cases are filed with the Nebraska Separate Juvenile Courts in all its three judicial districts.

Generally, about 35.75% of the estimated 315,000 cases filed annually within the Nebraska judicial system are criminal cases, while 26.55% are traffic violation cases. Similarly, at least 26.18% of the total caseloads are civil cases, 7.25% are domestic relations matters, and 4.27% are juvenile cases.

How Do I Look Up Court Cases in Nebraska?

The custodians of court records in Nebraska are the individual clerks of court in each court within the state. They are responsible for maintaining and disseminating public court records to interested persons upon request. Typically, a person may look up publicly available Nebraska court records or court cases online, by mail, or in person.

The JUSTICE Court Case Search System (JCCS), an online portal managed by the Nebraska Judicial Branch, allows the public to find information on court cases within the state. Users may obtain public details on at least 30 cases, and such details will typically include party listings, case details, images of documents filed, information on court costs, and payments made to and by the court. Generally, various civil, criminal, probate, traffic, and certain juvenile cases may be publicly searched on JCCS. Similarly, information on the state's District and County Court records may be accessed online through the Nebraska Judgement Case Search (NJSC). Interested persons can search the NJSC using general case information like the case type, date of judgment, and the county where the case was filed or heard.

While looking up Nebraska court cases or records online is more convenient and faster, sometimes, certain case information or records may not be available online. In such circumstances, it is best to contact the clerk of the court that filed the case and ask if the case information or record is available. Such court records or case information may be obtained or accessed in person or by mail once the clerk confirms availability. For mail or in-person requests, requesters must be willing to provide specific details about the cases to facilitate the search.

What Court Records Are Not Available to the Public in Nebraska?

Not all court records are publicly available in Nebraska. While some records are marked as confidential by statutes and are unavailable for public inspection or copying, others are sealed by court orders. Generally, the following court records are not available for public disclosure in Nebraska:

Juvenile Court Records - Social welfare reports, psychological reports, medical reports, and psychiatric reports in juvenile court records are permanently confidential. Similarly, case files and records, docket records (other than orders, pleadings, decrees, and judgments), and records and reports of probation officers in juvenile court records are not available to the public.
Presentence Reports and Presentence Psychiatric Assessments - Any presentence reports and psychiatric examination of an adult convict is a permanently confidential court record under Nebraska law.
Adoption Case Records - Under Nebraska law, adoption records in court records are permanently confidential records.
Confidential Communications Between Sexual and Domestic Abuse Victims and Advocates - State law prevents the compelled testimonial disclosure of private communications made by victims of domestic and sexual abuse to their advocates to assist them in getting the help they need without fear that their statement will be available as testimony.
Witnesses and Victims in Criminal Cases and Parole Proceedings - In Nebraska, victims' contact information in criminal cases is not available for public disclosure after conviction and sentence of the defendant in parole or other similar proceedings.