§ 25-2705.Trial by jury; demand for; exceptions; time; laws applicable.
Article 27: County Court Rules of Procedure and Probate Practice · Last amended 2011 · Last verified July 22, 2026
In one sentenceThis section lets either party in most county court cases demand a jury trial, sets filing deadlines tied to each pleading role from plaintiff to cross-claim defendant, excepts ordinance crimes, infractions, and probate or trust matters, and applies district court jury law to county court juries of six.
Full Text of § 25-2705
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(1) Either party to any case in county court, except criminal cases arising under city or village ordinances, traffic infractions, other infractions, and any matter arising under the Nebraska Probate Code or the Nebraska Uniform Trust Code,
may demand a trial by jury. In civil cases, the demand shall be in writing and shall be filed with the court:
(a) By a plaintiff on the date the complaint is filed with the court;
(b) By a defendant on or before the date the answer is filed with the court;
(c) By a counterclaimant on the date the counterclaim is filed with the court;
(d) By a counterclaim defendant on or before the date the reply to the counterclaim is filed with the court;
(e) By a third-party plaintiff on the date the third-party complaint is filed with the court;
(f) By a third-party defendant on or before the date the answer to the third-party complaint is filed with the court;
(g) By a cross-claimant on the date the cross-claim is filed with the court; and
(h) By a cross-claim defendant on or before the date the answer to the cross- claim is filed with the court.
(2) All provisions of law relating to juries in the district courts shall apply to juries in the county courts, and the district court jury list shall be used, except that juries in the county courts shall consist of six persons.
Nebraska Probate Code, see section 30-2201. Nebraska Uniform Trust Code, see section 30-3801.
Plain-English Summary
Section 25-2705 gives either party in a county court case the right to demand a jury trial, with a short list of exceptions: criminal cases under city or village ordinances, traffic infractions, other infractions, and any matter arising under the Nebraska Probate Code or the Nebraska Uniform Trust Code. In a civil case, the demand must be in writing and filed with the court by a set deadline tied to the party’s role in the case.
Those deadlines run on a common thread: whoever files the claim demands a jury the same day, and whoever responds to it must demand a jury on or before the day the response is due. A plaintiff demands on the date the complaint is filed; a defendant, on or before the date the answer is filed. The same pattern repeats for a counterclaimant and counterclaim defendant, a third-party plaintiff and third-party defendant, and a cross-claimant and cross-claim defendant.
Once a jury is demanded, county court juries follow the same body of law that governs district court juries, and draw from the same district court jury list, with one difference: a county court jury has six members instead of the number seated in district court.
Frequently Asked Questions
Who can demand a jury trial in county court?
Either party to the case, except in criminal cases under city or village ordinances, traffic infractions, other infractions, and matters arising under the Nebraska Probate Code or the Nebraska Uniform Trust Code.
Which cases are excluded from the right to demand a jury?
Ordinance-based criminal cases, traffic infractions, other infractions, and Probate Code or Uniform Trust Code matters. The Probate Code is cross-referenced at section 30-2201 and the Uniform Trust Code at section 30-3801.
When must a plaintiff file a jury demand?
On the date the complaint is filed with the court.
When must a defendant file a jury demand?
On or before the date the answer is filed with the court.
How many jurors sit on a county court jury?
Six persons, compared with the number used in district court.
Does the county court draw from its own separate jury list?
No. County court juries are drawn from the same district court jury 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
Also known as:jury trial demand county court nebraskasix person jury county courtjury demand filing deadline nebraskacases excluded from jury trial county courtdistrict court jury list county court