The rule of practice adopted by this court on November 20, 1968, requiring use of the Nebraska Jury Instructions is hereby rescinded.
§ 6-803.Repeal previous jury instruction practices.
Article 8: Jury Instructions · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceThis rule formally rescinded the Nebraska Supreme Court’s 1968 rule that had made using the original Nebraska Jury Instructions mandatory, clearing the way for the current, permissive approach to pattern instructions reflected in § 6-801.
Full Text of § 6-803
Official Comment
COMMENT Nebraska Jury Instructions, Second Edition (NJI2d) (1999), is available through West Group, 620 Opperman Dr., Eagan, MN 55123, or the West Group order line (800) 328-9352.
Plain-English Summary
Section 6-803 is a repealer, and its job is historical rather than operational: it rescinds the rule of practice adopted by the court on November 20, 1968, requiring use of the Nebraska Jury Instructions. Before this section, Nebraska trial judges were bound to use the original Nebraska Jury Instructions once they existed; after it, that mandate was gone.
Repealing a mandatory-use rule does not mean Nebraska abandoned pattern jury instructions altogether. It means the compulsory element disappeared, leaving room for the permissive framework now found in § 6-801, which lets a judge use an appropriate NJI2d instruction where it fits the law and the facts, rather than requiring its use across the board.
The accompanying comment identifies Nebraska Jury Instructions, Second Edition — the 1999 successor to the original set — and notes where it was available at the time the rule was adopted. That detail is a snapshot of publishing history rather than an operative requirement of the rule itself.
Frequently Asked Questions
What did the 1968 rule that § 6-803 repealed require?
It required Nebraska trial courts to use the Nebraska Jury Instructions once that set existed, making their use mandatory rather than optional.
Does § 6-803 mean pattern jury instructions are no longer used in Nebraska?
No. It removed the compulsory mandate from 1968; § 6-801 still lets judges use appropriate pattern instructions from NJI2d where they fit the case.
Why keep a rule on the books whose only function is to repeal an older rule?
It documents the transition from mandatory to permissive use of pattern instructions, which is useful background for understanding why § 6-801 is worded the way it is.
What is Nebraska Jury Instructions, Second Edition?
The 1999 successor edition to the original Nebraska Jury Instructions referenced in the 1968 rule that this section repealed.
Does the comment attached to § 6-803 create any legal obligation?
No. It identifies where the Second Edition was available at the time, as historical and reference information rather than a requirement.
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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