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§ 25-1663.Petit jury; examination by judge; excess jurors.

Article 16: Jurors and Jury Selection · Last amended 2020 · Last verified July 22, 2026

In one sentenceThis section requires the judge to examine every juror who shows up for service and, once more than twenty-four qualified petit jurors remain per judge sitting with a jury, allows the court to excuse the extras by lot without discharging them permanently.

Full Text of § 25-1663

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The judge shall examine all jurors who appear for jury service. If, after all excuses have been allowed, there remain more than twenty-four petit jurors for each judge sitting with a jury who are qualified and not excluded by the terms of section 25-1650, the court may excuse by lot such number in excess of twenty-four as the court may see fit. Those jurors who have been discharged in excess of twenty-four for each judge, but are qualified, shall not be discharged permanently, but shall remain subject to be resummoned for jury service upon the same jury panel.

Source

Laws 1915, c. 248, § 7, p. 570; C.S.1922, § 9101; C.S.1929, § 20-1631; Laws 1939, c. 18, § 16, p. 107; C.S.Supp.,1941, § 20-1631; R.S.1943, § 25-1631; Laws 1953, c. 72, § 10(4), p. 231; Laws 1979, LB 234, § 10; R.S.1943, (2016), § 25-1631.03; Laws 2020, LB387, § 20.

Plain-English Summary

Before a trial can begin, the judge has to look over every juror who appears for service that day. Section 25-1663 puts that screening duty squarely on the judge: after excuses are handled, the court checks how many qualified jurors remain.

If more than twenty-four qualified petit jurors remain for each judge sitting with a jury, and none of them is excluded under the qualification standards in section 25-1650, the court can trim the group by excusing the excess by lot — a random method rather than the court picking and choosing.

Being excused this way is not the same as being sent home for good. Jurors excused in excess of twenty-four stay on the rolls and remain subject to being resummoned for the same jury panel later in the term.

Frequently Asked Questions

What happens if more jurors show up for service than a court needs?

Once more than twenty-four qualified petit jurors remain for each judge sitting with a jury, the court may excuse the excess by lot.

Does the judge personally review every juror who appears?

Yes. Section 25-1663 requires the judge to examine all jurors who appear for jury service.

What does “excused by lot” mean?

It refers to a random method of selecting which excess jurors to release, rather than the court choosing among them.

Are jurors excused under this section done with jury service for the term?

No. They remain qualified and subject to being resummoned for service on the same jury panel.

Where do the underlying juror qualifications come from?

Section 25-1650 sets the qualification standards the court applies when examining jurors under this section.

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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