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§ 25-1108.View of property or place by jury.

Article 11: Trial · Last amended 2020 · Last verified July 22, 2026

In one sentenceThis section lets the court send the jury, kept together and escorted by the bailiff, to view property at issue or the place where a material fact occurred, and bars anyone but the escort from talking with jurors about the case while they are away from the courtroom.

Full Text of § 25-1108

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Whenever, in the opinion of the court, it is proper for the jury to have a view of property which is the subject of litigation, or of the place in which any material fact occurred, it may order them to be conducted in a body, under charge of the bailiff, to the place, which shall be shown to them by the bailiff, an individual appointed by the court for that purpose, or both. While the jury are thus absent, no person other than the bailiff or individual so appointed shall speak to them on any subject connected with the trial.

Source

R.S.1867, Code § 284, p. 442; R.S.1913, § 7847; C.S.1922, § 8791; C.S.1929, § 20-1108; R.S.1943, § 25-1108; Laws 2020, LB387, § 38.

Plain-English Summary

Sometimes testimony and photographs cannot substitute for seeing a place or a piece of property with one’s own eyes. Section 25-1108 gives the court authority to order exactly that. When the court thinks it proper, it may direct the jury to view property that is the subject of the litigation, or the place where a material fact occurred.

The mechanics are deliberate. The jury travels as a group, under the charge of the bailiff, and the site is shown to them by the bailiff, by an individual the court appoints for that purpose, or by both together. Keeping the jury together and under escort during the view mirrors the sequestration duties described elsewhere in this article for a jury that has retired to deliberate.

The section also protects the jury from outside influence during the outing itself: while the jury is away from the courtroom for the view, no person other than the bailiff or the appointed individual may speak to them about anything connected with the trial. That restriction keeps a site visit from becoming a backdoor opportunity for a party, witness, or bystander to argue the case outside the courtroom.

Frequently Asked Questions

Can a jury visit the scene or property involved in a civil case?

Yes. Section 25-1108 lets the court order the jury to view property that is the subject of the litigation, or the place where a material fact occurred, when the court considers it proper.

Who decides whether the jury takes a view?

The decision rests with the court, based on the court’s opinion of whether a view would be proper in the case.

Who is allowed to talk to jurors during a site visit?

Only the bailiff, or an individual the court appoints for that purpose, may speak to the jurors about anything connected with the trial while they are away from the courtroom.

Is a view of property required in every case?

No. The section makes it discretionary, triggered only when the court considers a view proper for the case at hand.

What happens if someone other than the escort talks to the jury during the view?

Section 25-1108 flatly prohibits it — no person other than the bailiff or the appointed individual may speak with the jury on any subject connected with the trial while they are absent for the view.

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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