In all cases where the jury are discharged during the trial, or after the cause is submitted to them, it may be tried again immediately or at a future time as the
court may direct.
§ 25-1118.Jury; retrial on discharge.
Article 11: Trial · Not amended since original codification · Last verified July 22, 2026
In one sentenceWhen a jury is discharged before finishing its work — whether mid-trial or after the case has gone to them for deliberation — the case is not over; it may be tried again right away or at a later time the court sets.
Full Text of § 25-1118
Source
R.S.1867, Code § 289, p. 442; R.S.1913, § 7857; C.S.1922, § 8801; C.S.1929, § 20-1118; R.S.1943, § 25-1118.
Plain-English Summary
A jury does not always reach the end of a trial. Jurors may be discharged mid-trial for illness, misconduct, or a mistrial, or discharged after deliberations begin because they cannot agree on a verdict. Section 25-1118 answers the question that discharge raises: what happens to the case? The statute is direct — the case may be tried again, either immediately or at a future time the court directs.
The decision of when to retry the case rests with the court. Nothing in the text forces an immediate retrial, and nothing bars one either. A judge weighing witness availability, scheduling, or the reason the first jury was discharged has room to set whatever timetable the circumstances call for.
This section works alongside the rules on rendering and polling a verdict. A jury that is properly discharged after returning a complete verdict under section 25-1123 is a different situation from a jury discharged without reaching one — this section addresses the latter, where the case remains open and unresolved.
Frequently Asked Questions
Does a hung jury end my case?
No. Under section 25-1118, when a jury is discharged after the case is submitted to them without reaching a verdict, the case may be tried again, either right away or at a later date the court sets.
Who decides when a retrial happens after a jury is discharged?
The court does. The statute leaves the timing — immediate or future — to the court’s direction rather than fixing a set deadline.
Does this section apply if the jury is discharged in the middle of trial, before deliberations even start?
Yes. The statute covers discharge during the trial as well as discharge after the case has been submitted to the jury for deliberation.
Do I need to file a new lawsuit to get a retrial after a hung jury?
No. Section 25-1118 lets the same case be tried again; it does not require starting over with a new filing.
Does a party get to demand an immediate retrial?
The statute gives the court discretion over timing, so a party can ask for a prompt retrial, but the court decides whether immediate or future retrial fits the case.
Is retrial under this section the same as an appeal?
No. This section deals with a case that never reached a completed verdict because the jury was discharged; an appeal reviews a case that has already gone to judgment.
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: hung jury nebraskajury discharged before verdictretrial after mistrial nebraskawhat happens when jury cannot agreejury deadlocked next stepscase retried after jury discharge