Investor Presentaiton
Effective December 1, 2021
(1)
(2)
Authorized Disclosure.
Nebraska Criminal Rules
If the court rules that a probation and pretrial services officer is
authorized to testify or to produce records, the authorization is limited
to only those matters directly relevant to the demonstrated need. The
court's order must identify the records to be produced and the
authorized subject matter of the testimony.
Unauthorized Disclosure.
If the court rules that a probation and pretrial services officer is not
authorized to testify or to produce records, then the court must issue
an order quashing the subpoena or other judicial process under the
authority of the Supremacy Clause, Article VI of the Constitution of
the United States.
32.2.1 Criminal Forfeiture; Referral to Bankruptcy Court.
Upon notice to the court that a criminal defendant is a debtor in a bankruptcy case,
the district court may refer to the bankruptcy court questions about restitution, the
forfeiture of assets that may be property of the bankruptcy estate, or other
pecuniary penalties. The bankruptcy judge responds to a referral with a
recommendation related to the estate issues.
33.1 Post-Trial Motions.
Post-trial motions must comply with Nebraska Criminal Rule 12.3(b)(1) and (2)
governing pretrial motions. Responses to a post-trial motion must be filed within 7
days after the filing of the motion.
41.1 Search Warrant Applications.
(a)
To Judge.
A search warrant application should be presented to a magistrate judge, but
may be presented to a district judge if no magistrate judge is reasonably
available. When no federal judge is reasonably available, including
emergency circumstances as stated in Nebraska Criminal Rule 41.1(a)(3),
the warrant application may be presented to a state judicial officer.
(1)
Request.
Copies of the application, the proposed search warrant, and any
supporting affidavits must be delivered to the judge for private review
before presentation of the warrant to the judge for signing. In an
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