§ 6-204.Closure; findings required; record required.
Article 2: Closing Hearings to the Public · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceSection 6-204 requires a court that closes all or part of a proceeding to make specific written findings on the record — supported by evidence from the party seeking closure — and to keep the closed proceeding on the record for eventual public release once the case is decided.
If the trial court determines after hearing that permitting the general public to hear such matters under consideration will result in a substantial likelihood of injury or damage to the accused's right to a fair trial and no other reasonable alternative for assuring a fair trial exists, the trial court may exclude the general public from such proceeding. To the extent that the trial court can isolate the testimony concerning such matter from other matters presented to the court at the same time, the general public should be excluded only from that portion of the hearings in which such matter is being considered or evidence taken.
Upon entering an order of closure, the court shall articulate written findings as follows:
(A)that the evidence establishes an adequate basis to support a finding that there is a substantial likelihood that irreparable damage to the accused's right to a fair trial will result from conducting the questioned proceedings in public,
(B)that a substantial likelihood exists that reasonable alternatives to closure will not adequately protect the accused's right to a fair trial, and
(C)there is a substantial likelihood that closure will be effective in protecting against the perceived harm.
The burden of establishing such facts shall be upon the moving party.
Except as otherwise provided by law, all matters heard by the court after the general public has been excluded shall nevertheless be on the record and shall be made available for public inspection within a reasonable time after a final judgment or verdict in the case has been rendered.
Plain-English Summary
If a Nebraska court decides, after a hearing, that letting the public hear certain matters would create a substantial likelihood of harm to a defendant’s right to a fair trial, and no reasonable alternative would prevent that harm, Section 6-204 allows exclusion of the general public — but only from the specific portion of the hearing where that matter is under consideration, if the court can separate that testimony from the rest of the proceeding.
Closure does not happen quietly. Whenever a court closes a proceeding, it must put written findings on the record covering three points: that the evidence supports a substantial likelihood of irreparable damage to the defendant’s fair trial right from an open proceeding, that reasonable alternatives to closure would not adequately protect that right, and that closure would be effective in preventing the harm. The party asking for closure carries the burden of proving all three.
Closure is not the same as secrecy forever. Except where the law says otherwise, everything heard after the public was excluded still goes on the record, and that record becomes available for public inspection within a reasonable time after final judgment or verdict.
Frequently Asked Questions
What must a court find before closing a proceeding to the public?
That the evidence supports a substantial likelihood of irreparable damage to the defendant’s fair trial right from an open proceeding, that reasonable alternatives would not adequately protect that right, and that closure would be effective in preventing the harm.
Who has to prove these findings?
The party moving for closure carries the burden of establishing the necessary facts.
Does closing a hearing mean the closed portion is never on the record?
No. All matters heard after the public is excluded are still made part of the record, and that record must be made available for public inspection within a reasonable time after final judgment or verdict, except as otherwise provided by law.
If only one part of a hearing involves sensitive testimony, must the whole hearing close?
No. If the court can isolate that testimony from the rest of the proceeding, the public should be excluded only from that specific portion.
Must the court’s findings be written, or can they be oral?
The rule requires the court to articulate written findings on each of the three required points.
What happens to the closed record after the case ends?
It becomes available for public inspection within a reasonable time after a final judgment or verdict has been rendered, unless another law provides otherwise.
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:findings required to close hearingburden of proof courtroom closureclosed hearing public record laternebraska closure order requirementswritten findings closing trial