Article 2: Closing Hearings to the Public · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceSection 6-201 states the guiding policy behind Nebraska’s guidelines on closing court proceedings to the public: hearings should stay open, and closure is reserved for situations where the evidence shows an open proceeding would substantially and adversely affect a party’s right to a fair trial with no reasonable alternative.
(A)The purpose of these guidelines is to aid judges of the courts of Nebraska in determining whether a proceeding may be closed from the general public, in whole or in part.
In formulating such guidelines it must be kept in mind that as a general principle it is the view of the judiciary of the State of Nebraska that proceedings should be open to the public at all times and only closed, in whole or in part, where evidence presented to the court establishes that by permitting all or part of the proceeding to remain open to the public, a party's right to a fair trial will be substantially and adversely affected and there are no other reasonable alternatives available to protect against such substantial and adverse effect.
We therefore establish the following guidelines to aid judges of the courts of the State of Nebraska in determining whether a judicial proceeding of any type should be closed, in whole or in part.
(B)Except as otherwise specifically provided by law or by these guidelines, the general public should not be excluded from a legal proceeding of any type or nature, including a pretrial criminal hearing, suppression hearing, or trial on the merits.
Plain-English Summary
Section 6-201 sets the tone for everything in Article 2. Its purpose is to help Nebraska judges decide when — if ever — a proceeding may be closed to the public, in whole or in part. The rule states the judiciary’s baseline view plainly: proceedings should stay open at all times, and closure is reserved for cases where evidence presented to the court shows that keeping the proceeding open would substantially and adversely affect a party’s right to a fair trial, and no other reasonable alternative would protect against that harm.
Part (B) makes the default explicit: except where the law or these guidelines specifically say otherwise, the general public should not be excluded from any legal proceeding — including a pretrial criminal hearing, a suppression hearing, or a trial on the merits. Everything that follows in Article 2 — the grounds for closure, the hearing procedure, the findings a judge must make, and the record-keeping requirements — exists to keep that presumption of openness the rule, and closure the narrow exception.
Frequently Asked Questions
What is the default rule about public access to Nebraska court proceedings?
Proceedings should be open to the public at all times, and closed only in the narrow circumstances the guidelines describe.
What has to be shown before a court can close a hearing to the public?
Evidence establishing that keeping the proceeding open would substantially and adversely affect a party’s right to a fair trial, and that no other reasonable alternative exists to protect against that harm.
Does this rule apply to pretrial hearings, or only to trials?
It applies broadly — pretrial criminal hearings, suppression hearings, and trials on the merits are all covered by the general presumption of openness.
Who decides whether a proceeding should be closed?
The judge presiding over the proceeding, applying the guidelines and evidentiary standard set out in Article 2.
Does Section 6-201 itself authorize closing a proceeding?
No. It states the purpose and general presumption of openness; the specific grounds, procedures, and findings needed to close a proceeding appear in the sections that follow.
Why does Nebraska favor open proceedings by default?
Open proceedings are treated as a general principle of the judiciary, so closure is available only when the evidence shows real, substantial harm to a fair trial that no alternative can prevent.
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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