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LB1036

Changes to Rules About Evidence in Nebraska Courts

Last scannedAug 25, 2026, 3:18 AM

In one sentence

This bill proposes changing state law on when evidence of a person's past actions or character can be used in court cases.

What it does

  • Amends section 27-404 of the Revised Statutes to update rules for admitting evidence.
  • Allows courts to consider evidence of other crimes if they are tightly connected, or 'inextricably intertwined,' with the current charge.
  • Defines when past acts form part of the factual setting, are so blended that proving the crime requires them, or help present a coherent picture of the crime.
  • Requires prosecutors in criminal cases to prove by clear and convincing evidence that an accused person committed the prior act before showing it to a jury.
  • Mandates that judges decide on this proof outside the presence of any jury.

Who it affects

  • Prosecutors who present evidence in criminal cases
  • Defendants charged with crimes
  • Judges and courts handling trials under Nebraska Evidence Rules

Limits and unknowns

  • The bill was indefinitely postponed, meaning it did not become law in this session.
  • No effective date is listed because the final action stopped the process.

Plain language

Terms to know

Inextricably intertwined
Evidence that is so connected to the main crime that proving the charge requires showing this other act, forms part of its factual setting, or helps tell a complete story.
Admissible evidence
Information or proof that a court allows lawyers to present during a trial.

Official record

Sources

Source attached

Official summary

Change Nebraska Evidence Rules to provide for consideration of evidence of other crimes, wrongs, or acts as prescribed

Official activity

Bill history

  1. Indefinitely postponed