The general mode of summoning, impaneling, challenging and swearing the jury is not changed by this code.
§ 25-1106.Formation of jury; applicability of law.
Article 11: Trial · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section confirms that Nebraska’s civil procedure code left the existing rules for summoning, impaneling, challenging, and swearing a jury untouched, so those mechanics come from other law rather than from this code.
Full Text of § 25-1106
Source
R.S.1867, Code § 282, p. 441; R.S.1913, § 7845; C.S.1922, § 8789; C.S.1929, § 20-1106; R.S.1943, § 25-1106.
Plain-English Summary
Section 25-1106 is a continuity clause. When Nebraska’s code of civil procedure was written, its drafters needed to make clear they were not silently rewriting how juries get assembled. This section says so directly: the general mode of summoning, impaneling, challenging, and swearing the jury is not changed by this code.
The practical effect is that a litigant looking for the rules on jury pool summons, voir dire, and jury challenges will not find them in this trial article. Those mechanics live in other Nebraska law governing jury selection. Section 25-1106 confirms that this trial article picks up the story after the jury has already been formed and sworn.
That handoff point matters because § 25-1107, immediately following, opens with the words “when the jury has been sworn” — the trial-order sequence in this code begins exactly where the jury-formation rules preserved by § 25-1106 leave off.
Frequently Asked Questions
Does this section explain how jurors are selected in Nebraska?
No. It confirms that the existing rules for summoning, impaneling, challenging, and swearing a jury remain in force; it does not itself set out those procedures.
Where are the actual jury selection rules found?
They are found in Nebraska law outside this trial article, which § 25-1106 leaves undisturbed.
Why does this section exist if it doesn’t change anything?
It removes any doubt that adopting this code of civil procedure altered jury-formation practice. Without it, a reader might wonder whether the new code silently replaced the older jury-selection rules.
What happens right after the jury is formed under this section?
Section 25-1107 takes over once the jury has been sworn, setting out the order in which the trial itself proceeds.
Is § 25-1106 itself a jury selection rule?
No. It is a savings provision that points elsewhere for jury selection while confirming this code governs what happens once the jury is sworn.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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