§ 25-1678.Juries; proceedings stayed; jury panel or list quashed; grounds; procedures; new list, order for.
Article 16: Jurors and Jury Selection · Last amended 2022 · Last verified July 22, 2026
In one sentenceThis section gives parties the exclusive procedure for challenging a grand or petit jury’s selection — a motion filed within seven days of discovering a substantial failure to comply with the Jury Selection Act, always before the petit jury is sworn — and spells out what happens if the challenge succeeds.
Full Text of § 25-1678
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(1) A party may move to stay the proceedings, to quash the entire jury panel or jury list, or for other appropriate relief on the ground of substantial failure to comply with the Jury Selection Act in selecting the grand or petit jury. Such motion shall be made within seven days after the moving party discovered or by the exercise of diligence could have discovered the grounds for such motion, and in any event before the petit jury is sworn to try the case.
(2) Upon a motion filed under subsection (1) of this section containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with the Jury Selection Act, the moving party is entitled to present, in support of the motion, the testimony of the jury commissioner, any relevant records and papers not public or otherwise available which were used by the jury commissioner, and any other relevant evidence. If the court determines that in selecting either a grand jury or a petit jury there has been a substantial failure to comply with the Jury Selection Act, the court shall stay the proceedings pending the selection of the jury in conformity with the act, quash an entire jury panel or jury list, or grant other appropriate relief.
(3) The procedures prescribed by this section are the exclusive means by which the state, a person accused of a crime, or a party in a civil case may challenge a jury on the ground that the jury was not selected in conformity with the Jury Selection Act.
(4) The contents of any records or papers used by the jury commissioner in connection with the selection process and not made public under the Jury Selection
Act shall not be disclosed, except in connection with the preparation or presentation of a motion under subsection (1) of this section, until after all persons on the jury list have been discharged. The parties in a case may inspect, reproduce, and copy the records or papers at all reasonable times during the preparation and pendency of a motion under subsection (1) of this section.
(5) Whenever the entire jury list is quashed, the court shall make an order directing the jury commissioner to draw a new key number in the manner provided in section 25-1653 and prepare a new master key list in the manner provided in section 25-1654. The jury commissioner shall qualify and summon jurors from the new master key list as provided in the Jury Selection Act.
Section 25-1678 is the mechanism for challenging how a jury was put together, and it is the only mechanism available. A party can move to stay the proceedings, quash the entire jury panel or jury list, or ask for other appropriate relief, on the ground that jury selection substantially failed to comply with the Jury Selection Act. That motion has a firm deadline: it must come within seven days after the moving party discovered, or through diligence could have discovered, the grounds for it, and in every case before the petit jury is sworn to try the case.
Getting a hearing on the motion takes more than a bare accusation. The motion has to include a sworn statement of facts that, if true, would show a substantial failure to comply with the Act. Once that threshold is met, the moving party can present the jury commissioner’s testimony, relevant nonpublic records and papers the commissioner used, and other relevant evidence. If the court agrees that jury selection substantially failed to comply with the Act, it can stay the proceedings, quash a panel or list, or grant other appropriate relief.
This procedure is exclusive. Whether the challenger is the state, a person accused of a crime, or a party to a civil case, section 25-1678 is the only route for arguing that a jury was not selected in conformity with the Jury Selection Act. The records the jury commissioner used stay confidential, except as needed to prepare or present the motion, until every person on the jury list has been discharged — though the parties can inspect, reproduce, and copy those records throughout the motion’s preparation and pendency.
If the challenge succeeds and the entire jury list is quashed, the court does not just patch the old list. It orders the jury commissioner to draw an entirely new key number under section 25-1653 and build a new master key list under section 25-1654, then qualify and summon jurors from that new list under the Act’s usual procedures.
Frequently Asked Questions
How do I challenge the way a jury was selected in Nebraska?
By filing a motion under section 25-1678 to stay proceedings, quash the panel or list, or seek other relief for substantial noncompliance with the Jury Selection Act.
What is the deadline for raising this type of challenge?
Within seven days after discovering, or being able through diligence to discover, the grounds, and always before the petit jury is sworn.
What must the motion include to get a hearing?
A sworn statement of facts that, if true, would establish a substantial failure to comply with the Jury Selection Act.
Is this the only way to challenge how a jury was chosen?
Yes. The section states it is the exclusive procedure for the state, a person accused of a crime, or a party in a civil case.
Can I see the jury commissioner’s records to build my challenge?
Yes. The parties may inspect, reproduce, and copy relevant records during the preparation and pendency of the motion.
What happens if the court agrees the entire jury list was defective?
The court orders a new key number drawn under section 25-1653 and a new master key list prepared under section 25-1654, and jurors are qualified and summoned from that new list.
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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