After the jury have retired for deliberation, if there be a disagreement between them as to any part of the testimony, or if they desire to be informed as to any part of the law arising in the case, they may request the officer to conduct them to the court where the information upon the point of law shall be given, and the court may give its recollection as to the testimony on the point in dispute in the presence of or after notice to the parties or their counsel.
§ 25-1116.Instructions after retirement.
Article 11: Trial · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a deliberating jury that disagrees about the testimony, or wants clarification on a point of law, ask the officer to bring them back to court, where the judge can answer the legal question and share a recollection of the disputed testimony, with the parties or their counsel present or notified.
Full Text of § 25-1116
Source
R.S.1867, Code § 287, p. 442; R.S.1913, § 7855; C.S.1922, § 8799; C.S.1929, § 20-1116; R.S.1943, § 25-1116.
Plain-English Summary
Deliberation does not always run smoothly from start to verdict. Section 25-1116 addresses two specific snags a retired jury might hit: a disagreement among jurors about what some part of the testimony was, or a desire to be informed about a point of law arising in the case. Either one gives the jury a way back into the courtroom — they may request the officer to conduct them to the court.
Once back before the judge, the response depends on which snag prompted the return. If the jury wants the law explained, the court gives the information on that point of law. If the disagreement concerns testimony, the court may share its own recollection of the testimony on the disputed point — not necessarily a verbatim readback, but the court’s recollection of what was said.
Either way, this cannot happen behind closed doors. The court’s response must come in the presence of the parties or their counsel, or after they have been given notice. That requirement keeps a jury’s return trip to the courtroom from becoming an off-the-record conversation between the judge and the jury about the substance of the case.
Frequently Asked Questions
Can a deliberating jury ask the judge questions?
Yes. Section 25-1116 lets the jury request the officer to bring them to court if they disagree about part of the testimony or want to know the law on some point.
What happens if jurors disagree about what a witness said?
The court may give its recollection of the testimony on the point in dispute, in the presence of or after notice to the parties or their counsel.
Does the judge read back a transcript when the jury asks about testimony?
The section describes the court giving its recollection of the testimony, rather than requiring a formal transcript readback.
Must the attorneys be told when the jury returns with a question?
Yes. The court’s response must be given in the presence of the parties or their counsel, or after notice to them.
Can this exchange happen without the attorneys present at all?
No, not without notice. The section requires the information to be given in the presence of the parties or counsel, or after they have received notice.
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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