§ 25-1108.View of property or place by jury.
Article 11: Trial · Last amended 2020 · Last verified July 22, 2026
Full Text of § 25-1108
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.