Investor Presentaiton
Effective December 1, 2021
(7)
(8)
Nebraska Criminal Rules
If documentary evidence will be offered in support of or in opposition
to a motion, objection, or statement of position, the evidence must
accompany the motion, objection, or statement of position. If oral
testimony is desired, a request must also be made. The request for
oral testimony must include (i) the nature of the expected testimony;
(ii) an explanation of why oral testimony, instead of documentary
evidence, including affidavits, is necessary; (iii) the proposed
witness's identity; and (iv) the time length anticipated for presentation
of the witness's direct examination. If a request for oral or
documentary evidence is made by one party but not by the adverse
party, the adverse party may promptly make a responsive request for
oral or documentary evidence setting out the details required by this
paragraph. It is expected that the court will not consider any
sentencing issue first raised after the date set in this subparagraph
for filing statements, objections, or motions for departure, deviation,
or variance.
No later than 7 days after the date set in subparagraph (6), the
sentencing judge may issue an order notifying the attorneys as to:
(A)
(B)
the judge's rulings on the presentence report (including a
notice of the judge's intention to depart, deviate, or vary on
the judge's own motion) and tentative findings regarding
objections or motions for departure, deviation, or variance;
whether objections or motions for departure, deviation, or
variance will be resolved at sentencing, and, if so, whether
oral testimony will be permitted; and
(C) when and how objections to the judge's rulings or tentative
findings may be made.
If the judge does not issue an order, objections and motions for
departure, deviation, or variance submitted by the parties will be
decided at sentencing according to procedures as the judge may
then specify.
A probation and pretrial services officer must submit a sentencing
recommendation to the sentencing judge no later than seven days
before the sentencing hearing. Each sentencing judge may, within
his or her discretion, direct the probation and pretrial services office
to disclose or not disclose sentencing recommendations to all
parties.
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