When the case is finally submitted to the jury, they may decide in court or retire for deliberation. If they retire, they must be kept together in some convenient place, under the charge of an officer, until they agree upon a verdict, or are discharged by the court, subject to the discretion of the court to permit them to separate temporarily at night and at their meals. The officer having them under his charge shall not suffer any communication to be made to them, or make any himself, except to ask them if they have agreed upon their verdict, unless by order of the court, and he shall not, before the verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed upon.
§ 25-1109.Cause submitted; action and conduct of jury.
Article 11: Trial · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a jury decide a case in the courtroom or retire to deliberate, and if they retire, requires an officer to keep them together, block outside communication, and stay silent about their progress or verdict until it is officially rendered.
Full Text of § 25-1109
Source
R.S.1867, Code § 285, p. 442; R.S.1913, § 7848; C.S.1922, § 8792; C.S.1929, § 20-1109; R.S.1943, § 25-1109.
Plain-English Summary
When a case is finally submitted to the jury, § 25-1109 gives them two options: decide right there in the courtroom, or retire for deliberation. Retiring is the more common path for any case that takes real discussion to resolve.
If the jury retires, this section takes over their conduct. They must be kept together in a convenient place under an officer’s charge until they reach a verdict or the court discharges them, though the court has discretion to let them separate temporarily at night and at meals. That built-in flexibility keeps deliberations from becoming an ordeal of confinement while still preserving the jury’s isolation from outside influence.
The officer in charge carries strict duties of secrecy. No communication may be made to the jurors, or by them, except the officer may ask whether they have reached a verdict — nothing more, unless the court orders otherwise. And before the verdict is rendered, the officer may not tell anyone the state of the jury’s deliberations or what verdict they have agreed on. Those limits keep the deliberation process sealed off until the jury is ready to announce its decision in court.
Frequently Asked Questions
Does a jury always have to retire to a separate room to decide a case?
No. Section 25-1109 allows the jury to decide the case in the courtroom itself or to retire for deliberation, and retiring is only one of the two options.
Can jurors go home during deliberations?
They must generally be kept together under an officer’s charge, but the court has discretion to permit temporary separation at night and at meals.
What can the officer in charge say to the jury?
Very little. The officer may ask only whether the jury has agreed on a verdict, and may not otherwise communicate with them unless the court orders it.
Can the officer tell anyone how deliberations are going?
No. The section forbids the officer from communicating the state of the jury’s deliberations, or the verdict agreed upon, to any person before the verdict is rendered.
What happens if the jury cannot reach a decision after being kept together?
Section 25-1109 addresses the officer’s duties during deliberation itself; the discharge of a jury that cannot agree is addressed separately in § 25-1117.
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
Also known as: jury deliberation rules nebraskajury sequestration in a civil casebailiff duties during jury deliberations25-1109 nebraska statutecan jurors separate during deliberations