§ 25-1665.Petit jury; extra jurors to complete jury panel; tales jurors.
Article 16: Jurors and Jury Selection · Last amended 2020 · Last verified July 22, 2026
In one sentenceThis section lets the judge order the jury commissioner to draw extra jurors, including tales jurors, to fill out the panel or supply substitutes whenever the petit jury panel proves inadequate at any point during the jury term.
Full Text of § 25-1665
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(1) If for any reason it appears to the judge that the jury panel of petit jurors will not be adequate at any time during the jury term, the jury commissioner shall, when ordered by the judge, draw, in the same manner as the drawing of a regular jury panel under section 25-1656, such number of potential jurors as the judge directs to fill such jury panel or as extra jurors, and those drawn shall be notified and summoned in the same manner as described in section 25-1656 or as the court may direct. This shall also apply to the selection of tales jurors for particular causes after the regular jury panel is exhausted.
(2) Each person summoned under subsection (1) of this section shall forthwith appear before the court and if qualified shall serve on the jury panel unless such person is excused from service or lawfully challenged. If necessary, jurors shall continue to be so drawn from time to time until the jury panel is filled.
Source
Laws 1915, c. 248, § 10, p. 572; C.S.1922, § 9104; C.S.1929, § 20-1634; R.S.1943, § 25-1634; Laws 1953, c. 72, § 13(1), p. 234; R.S.1943, (2016), § 25-1634; Laws 2020, LB387, § 22.
Plain-English Summary
Jury panels can run short mid-term — jurors get excused, cases pile up, and the original numbers no longer stretch far enough. Section 25-1665 gives the judge a way to close that gap. When the panel looks inadequate, the judge can order the jury commissioner to draw more potential jurors, using the same drawing procedure that built the regular panel under section 25-1656, either to fill the panel or to serve as extra jurors on standby.
The same authority covers tales jurors — jurors called in for a particular case once the regular panel has been used up. Anyone summoned this way must appear before the court at once and, if qualified, serve on the panel unless excused or successfully challenged.
If the first round of extra jurors still is not enough, the process repeats: the jury commissioner keeps drawing from time to time until the panel is filled.
Frequently Asked Questions
What is a “tales juror”?
A juror summoned to fill out the jury panel for a particular case after the regular panel has been used up.
When can a judge order extra jurors drawn?
Whenever it appears to the judge that the petit jury panel will not be adequate at any time during the jury term.
Must someone summoned as an extra juror appear right away?
Yes. The person must appear before the court at once and, if qualified, serve unless excused or challenged.
Can the extra-juror process repeat more than once?
Yes. Jurors continue to be drawn from time to time until the jury panel is filled.
How does this section differ from section 25-1666?
This section authorizes drawing extra or tales jurors generally; section 25-1666 spells out who does the summoning and where tales jurors come from.
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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