Article 18: Handling Neb. Rev. Stat. § 27-1301 Child Pornography Exhibits · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceThis rule requires courts to keep continuous custody and control of evidence that qualifies as child pornography under Neb. Rev. Stat. § 27-1301, including special handling when such evidence goes up on appeal, unless the court orders otherwise.
Full Text of § 6-1801
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(A)(1) If a court concludes that evidence in a proceeding falls within the scope of Neb. Rev. Stat. § 27-1301, and based thereon limits access to or reproduction of such evidence, the court shall, unless otherwise required by law, constantly and continuously retain care, custody, and control of such property or material, except upon a specific order of that court directing otherwise, such as pursuant to § 27-1301(3)(b).
(2) If a party requests that such evidence be submitted to the appellate courts as part of the record on appeal, it shall be clearly and conspicuously identified as § 27-1301 property or material and shall be placed in a separate sealed envelope or container, as appropriate, prior to being forwarded to the clerk of the appellate court. The procedures within this rule shall apply to property or material falling within the scope of § 27-1301 which is introduced into evidence in a court proceeding, whether it is received or excluded by the court, if such evidence is retained by the court as part of the record in the case.
(3) Upon return of such evidence to the trial court following disposition of an appeal, care, custody, and control of such material or property shall remain the responsibility of that court until such evidence is returned to the proper introducing attorney in accordance with Neb. Ct. R. §§ 6-501 through 6-505 or as otherwise ordered by the court.
(B)(1) In all appeals involving property or material constituting visual depiction of sexually explicit conduct involving a child, as defined by § 27-1301, if such evidence is forwarded to the clerk of the court to which the appeal is taken, including a district court acting as an appellate court, and becomes part of the record on appeal, the appellate court shall constantly and continuously retain care, custody, and control of such material and it shall not be removed from the office of the clerk except upon order of that court.
(2) The provisions of this rule shall apply to any § 27-1301 property or material at issue in an administrative agency proceeding where such property or material is subsequently filed with the record on appeal to any court.
Plain-English Summary
Evidence that falls within Neb. Rev. Stat. § 27-1301 requires handling that goes beyond ordinary exhibit procedure, because of what it depicts and the restrictions the statute places on access and reproduction. Section 6-1801 sets the custody rule for that evidence: once a court determines that evidence falls within the statute’s scope and limits access to it or its reproduction, the court keeps constant and continuous care, custody, and control of that material, unless the court itself orders otherwise — for example, permitting reproduction to a defense expert under the statute’s own provisions.
The rule pays particular attention to what happens when a case is appealed. If a party wants such evidence included in the record on appeal, it has to be clearly and conspicuously identified as falling under Section 27-1301 and placed in a separate sealed envelope or container before it goes to the clerk of the appellate court. This procedure covers the evidence whether the trial court admitted it or excluded it, as long as it is retained as part of the case record. Once the appeal concludes and the material comes back to the trial court, that court resumes responsibility for its custody until the evidence is returned to the introducing attorney under the rules governing exhibit handling, or as the court otherwise directs.
The same continuous-custody principle carries over at the appellate level itself: once such evidence becomes part of the appellate record, the appellate court keeps constant and continuous care, custody, and control of it, and it cannot leave the clerk’s office except by court order. The rule extends this same treatment to material from an administrative agency proceeding if that material later becomes part of a record filed on appeal to any court.
Frequently Asked Questions
What kind of evidence does this rule cover?
Property or material that falls within Neb. Rev. Stat. § 27-1301 — visual depictions of sexually explicit conduct involving a child — where the court has limited access to or reproduction of that evidence.
Who is responsible for keeping custody of this evidence at the trial court level?
The court keeps constant and continuous care, custody, and control of it, unless the court orders otherwise, such as allowing reproduction to a defense expert under the statute.
How does this evidence have to be handled if it is part of an appeal?
It must be clearly and conspicuously identified as Section 27-1301 property and placed in a separate sealed envelope or container before being sent to the clerk of the appellate court.
Does this rule apply whether the evidence was admitted or excluded at trial?
Yes, the sealed-handling procedure applies to such evidence whether it was received or excluded by the trial court, as long as it is retained as part of the case record.
What happens to this evidence after an appeal is resolved?
Custody and control return to the trial court’s responsibility until the evidence is returned to the introducing attorney under the applicable exhibit-handling rules, or as otherwise ordered by the court.
Does this rule apply to evidence from an administrative agency proceeding?
Yes, if that property or material is later filed as part of the record on an appeal to any court.
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
Also known as:child pornography exhibit custody rule nebraskasection 27-1301 evidence handlingsealed envelope appellate exhibitchain of custody sensitive exhibit appealcourt retains control child exploitation evidence