Article 14: Uniform County Court Rules of Practice and Procedure · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceSection 6-1415 lets a represented defendant waive a preliminary hearing in writing or on the record with counsel present, but limits an unrepresented defendant to waiving that right on the record only in front of a judge and only after also waiving the right to an attorney.
Full Text of § 6-1415
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If a defendant is represented by counsel, the defendant may file a written waiver of the personal right of a preliminary hearing, in compliance with Neb. Rev. Stat. § 29-4206, or may waive the right on the record in the presence of a judge and the defendant’s attorney. Any written waiver should include the date, time, and location of defendant’s next court hearing. If a defendant is not represented by counsel, the personal right of a preliminary hearing may be waived by the defendant on the record only in the presence of a judge and upon waiver of the right to an attorney.
Rule § 6-1415 amended January 17, 2024.
Plain-English Summary
Section 6-1415 addresses how a defendant gives up the right to a preliminary hearing. A defendant with counsel can do it two ways: file a written waiver that complies with Nebraska’s statutory waiver requirement, or waive the right on the record in front of a judge with the attorney present. If the waiver is written, it should include the date, time, and location of the defendant’s next court appearance, so nothing gets lost in the handoff.
An unrepresented defendant faces a narrower path. Because giving up a preliminary hearing is a significant step, the rule requires that defendant to waive the right on the record, in front of a judge, and only after separately waiving the right to an attorney. There is no written-waiver option available to someone without counsel — the safeguard of a judge’s presence applies every time.
Frequently Asked Questions
Can a defendant with a lawyer waive a preliminary hearing without going to court?
Yes, by filing a written waiver that complies with Nebraska’s statutory requirement, or by waiving on the record before a judge with the attorney present.
What should a written waiver of a preliminary hearing include?
The date, time, and location of the defendant’s next court hearing, so the case can move forward without confusion.
Can a defendant without a lawyer waive a preliminary hearing in writing?
No. An unrepresented defendant may waive the right only on the record, in front of a judge, and only after also waiving the right to an attorney.
Why does the rule treat unrepresented defendants differently?
Waiving a preliminary hearing without an attorney’s advice carries more risk, so the rule requires a judge’s direct oversight of that waiver.
Is a preliminary hearing waiver ever automatic?
No. It requires an affirmative waiver, either in writing that meets the statutory requirement or on the record before a judge, depending on whether the defendant has counsel.
Source & verification. Section text is
reproduced verbatim from the Nebraska Judicial Branch, adopted by the
Supreme Court of Nebraska. Last verified July 22, 2026. ·
Official source
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