§ 25-1652.Jurors; challenge for cause; grounds.
Article 16: Jurors and Jury Selection · Last amended 2020 · Last verified July 22, 2026
Full Text of § 25-1652
Source
Laws 1915, c. 248, § 12, p. 573; Laws 1921, c. 113, § 2, p. 394; C.S.1922, § 9106; C.S.1929, § 20-1636; Laws 1939, c. 18, § 18, p. 110; C.S.Supp.,1941, § 20-1636; Laws 1943, c. 45, § 3, p. 193; R.S.1943, § 25-1636; Laws 1953, c. 72, § 15, p. 236; R.S.1943, (2016), § 25-1636; Laws 2020, LB387, § 9.
Plain-English Summary
Section 25-1652 sets out what counts as a challenge for cause against a potential juror. Three grounds apply: the person does not possess the qualifications set out in § 25-1650, or is excluded by that section’s terms; the person has asked or solicited any court officer, or anyone charged with selecting the jury, to place them on the panel; or the person otherwise lacks a qualification the law requires. Any one of these grounds supports removing a potential juror from consideration for cause.
The section then addresses a scenario specific to criminal trials: pretrial publicity. It is not grounds for a for-cause challenge that a potential juror has read, heard, or watched a news media account of a crime a defendant is charged with, if the juror states under oath that they can render an impartial verdict according to the law and the evidence, and the court is satisfied that statement is true. The same protection covers a juror in a criminal trial who has formed an opinion based on rumor or media reports and reports, without having formed an opinion on the truth of what they read or heard, so long as the juror swears under oath to a full and impartial verdict and the court credits that oath.
Because the Jury Selection Act governs juror qualification generally, and this pretrial-publicity provision applies by its terms to criminal causes, the section illustrates how the Act reaches both civil and criminal jury selection: the general for-cause grounds in subsection (1) apply across case types, while the media-exposure protection in subsection (2) speaks directly to criminal trials.
Frequently Asked Questions
What are the grounds for a for-cause challenge to a potential juror in Nebraska?
That the person lacks the qualifications in § 25-1650 or is excluded under that section, that the person has solicited a spot on the jury panel from a court officer, or that the person otherwise lacks a legal qualification.
Does reading about a crime in the news disqualify a juror from a criminal trial?
Not by itself. If the juror states under oath that they can render an impartial verdict according to the law and evidence, and the court is satisfied that is true, exposure to news coverage is not grounds for a for-cause challenge.
What if a juror has formed an opinion based on rumors about the case?
In a criminal trial, that alone does not disqualify the juror if they have not formed an opinion on the truth of what they heard and state under oath that they can render a full and impartial verdict, provided the court is satisfied.
Can a potential juror be challenged for cause for asking to be put on the jury?
Yes. Requesting or soliciting a court officer, or anyone charged with selecting the jury, to place the person on the panel is a listed ground for a for-cause challenge.
Does this section apply to civil cases as well as criminal cases?
The general grounds in subsection (1) apply to for-cause challenges generally. The specific protection for jurors exposed to crime-related news coverage or rumor, in subsection (2), applies by its terms to criminal causes.
Who decides whether a juror’s statement of impartiality is credible?
The court. The juror must state under oath that they can be impartial, and the court must be satisfied as to the truth of that statement before the exposure or rumor-based opinion is disregarded as a ground for challenge.