Unless upon good cause shown the court in its discretion has ruled otherwise, the prosecuting attorney shall be present at all arraignments in all cases, all bond settings in felony cases, and all first hearings in juvenile cases. No trial of any such case will be conducted without the prosecuting entity being represented by a prosecutor. The court will not act as a prosecutor, nor will any law enforcement representative or any other nonattorney be permitted to act as a prosecutor. In all cases, the prosecuting attorney shall obtain the defendant's criminal history and provide the same to the court and the defendant prior to the setting of any bond or the imposing of any sentence.
§ 6-1431.Duties of prosecuting attorneys.
Article 14: Uniform County Court Rules of Practice and Procedure · Last amended July 18, 2008 · Last verified July 22, 2026
In one sentenceRequires a prosecuting attorney to appear at every arraignment, every felony bond setting, and every first hearing in a juvenile case unless the court excuses that for good cause, bars anyone else from filling that role, and requires disclosure of the defendant’s criminal history before bond or sentencing.
Full Text of § 6-1431
Amendment History
Rule 31 amended April 1998. Renumbered and codified as § 6-1431, effective July 18, 2008.
Plain-English Summary
Section 6-1431 keeps the roles in a criminal case separated. Unless the court, in its discretion, has ruled otherwise for good cause shown, a prosecuting attorney has to be present at arraignments, at bond settings in felony cases, and at first hearings in juvenile cases. No trial can go forward on such a case without the prosecuting entity being represented by an actual prosecutor.
That separation cuts both ways: the court itself is barred from acting as a prosecutor, and no law enforcement officer or other non-attorney is allowed to stand in that role either. The point is that the adversarial structure of a criminal case — a judge deciding, a prosecutor pressing the state’s case, a defendant with rights to protect — stays intact rather than collapsing into the judge doing double duty.
The rule also imposes a disclosure duty tied to timing. The prosecuting attorney has to obtain the defendant’s criminal history and hand it over to both the court and the defendant before any bond is set or any sentence imposed, so that decision gets made with real information rather than guesswork.
Frequently Asked Questions
Does a prosecutor have to attend every arraignment?
Yes, unless the court has ruled otherwise in its discretion for good cause shown.
Is a prosecutor required at bond settings in every case?
The rule specifically requires prosecutor presence at bond settings in felony cases, along with arraignments and first juvenile hearings.
Can a judge act as the prosecutor if none shows up?
No. Section 6-1431 states the court will not act as a prosecutor.
Can a police officer stand in for the prosecutor at a hearing?
No. The rule bars any law enforcement representative or other nonattorney from acting as a prosecutor.
When does the prosecutor have to disclose the defendant’s criminal history?
Before any bond is set or any sentence is imposed, the prosecuting attorney must obtain the defendant’s criminal history and provide it to both the court and the defendant.
Can a case go to trial without a prosecutor present?
No. The rule states no trial of such a case will be conducted without the prosecuting entity being represented by a prosecutor.
Source & verification. Section text and amendment history are
reproduced verbatim from the Nebraska Judicial Branch, adopted by the
Supreme Court of Nebraska. Last verified July 22, 2026. ·
Official source
Also known as: prosecutor required at arraignment nebraskacounty court prosecutor dutiescriminal history disclosure before sentencingbond setting prosecutor presencewho can act as prosecutor county court