Whenever there is pending in the criminal court any case in which the defendant is charged with a felony and the judge holding the court is convinced from the circumstances of the case that a jury cannot be obtained from the regular jury panel to try the case, the judge may, in his or her discretion, prior to the day fixed for the trial of the case, direct the jury commissioner to draw, in the same manner as described in section 25-1656, such number of names as the judge or judges may direct as a special jury panel from which a jury may be selected to try such case, which jury panel shall be summoned for such day in the same manner as the regular jury panel.
§ 25-1664.Petit jury; special jury panel in criminal cases.
Article 16: Jurors and Jury Selection · Last amended 2020 · Last verified July 22, 2026
In one sentenceThis section lets a judge, convinced that a felony criminal case cannot get an impartial jury from the regular panel, order the jury commissioner to draw a special jury panel using the same drawing and summons procedure as the regular panel.
Full Text of § 25-1664
Source
Laws 1915, c. 248, § 8, p. 571; C.S.1922, § 9102; C.S.1929, § 20-1632; R.S.1943, § 25-1632; Laws 1953, c. 72, § 11(2), p. 232; R.S.1943, (2016), § 25-1632.01; Laws 2020, LB387, § 21.
Plain-English Summary
Section 25-1664 addresses a narrow but important problem in criminal court: what happens when a judge doubts the regular jury panel can produce a suitable jury for a pending felony case. The judge does not have to accept that risk. Before the trial date, the judge may direct the jury commissioner to draw a special panel set aside for that case alone.
The special panel is drawn the same way as the regular one, under the procedure in section 25-1656, and the judge sets the number of names to be drawn. Once drawn, the special panel is summoned for the trial date just as the regular panel would be.
This section applies to felony cases in criminal court, not civil actions, but it sits within the Jury Selection Act alongside the civil procedure provisions because the same commissioner, master key list, and drawing machinery serve both.
Frequently Asked Questions
Does this section apply to civil lawsuits?
No. It is limited to felony criminal cases in which the judge is convinced a jury cannot be obtained from the regular panel.
Who decides whether a special jury panel is necessary?
The judge holding the criminal court decides, in his or her discretion, before the trial date.
How is a special jury panel drawn?
In the same manner as the regular panel, under the procedure described in section 25-1656.
When must the judge act to order a special panel?
Prior to the day fixed for trial of the case.
How is a special panel summoned once it is drawn?
The same way as the regular jury panel, for the same trial day.
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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