When it shall become the duty of the officer to take the body of any person to the jail of the county, he shall deliver to the sheriff or jailer a certified copy of the execution, commitment or other processes, whereby he holds such person in custody, and return the original to the clerk who issued the same, which copy shall be sufficient authority to the sheriff or jailer to keep the prisoner in jail until discharged by due course of law.
§ 25-2237.Constables and sheriffs; take person into custody; procedure.
Article 22: Process, Court Records, and Ministerial Officers · Last amended 1929 · Last verified July 22, 2026
In one sentenceSets the paperwork an officer must follow when jailing someone under an execution, commitment, or other process — delivering the jailer a certified copy while returning the original process to the issuing clerk, with that copy authorizing continued custody until lawful discharge.
Full Text of § 25-2237
Source
Laws 1929, c. 82, art. XV, § 178, p. 325; C.S.1929, § 22-1508; R.S.1943, § 26-1,179; R.S.1943, (1979), § 26-1,179; R.S.1943, (1985), § 24-5,102.
Plain-English Summary
When an officer’s duty requires taking someone into custody and delivering them to the county jail, Section 25-2237 spells out the paper trail. The officer delivers a certified copy of the execution, commitment, or other process to the sheriff or jailer, and returns the original to the clerk who issued it.
That certified copy is not a formality — it is what authorizes the sheriff or jailer to hold the prisoner. Custody continues under that copy until the prisoner is discharged through due course of law.
Frequently Asked Questions
What must an officer give the jailer when delivering someone into custody?
A certified copy of the execution, commitment, or other process.
What happens to the original process document?
It goes back to the clerk who issued it.
What authorizes the jailer to hold the prisoner?
The certified copy the officer delivers.
When does the prisoner’s custody under that copy end?
When the prisoner is discharged by due course of law.
Does this apply to both constables and sheriffs?
Yes, it addresses “the officer” taking custody generally.
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
Also known as: taking custody procedure nebraskacertified copy for jail commitmentsheriff jailer certified copy ruleexecution commitment process custody