Rule 9-9. Rules Applicable to Criminal Cases

Rule 9-9. Rules Applicable to Criminal Cases

   A. Informations shall be filed within 10 days after a defendant is bound over for trial. The information shall have noted thereon the statute under which each count of the complaint is brought, the class of offense, and the penalty. The county attorney shall attach to the information, memorandum showing where the defendant may be served, either at his or her place of residence or place of employment, together with the name of the attorney for the defendant at preliminary hearing. The clerk will make two copies of the information, delivering the original and one copy to the sheriff with instructions for service upon the defendant. The other copy shall remain in the court file until the original is returned. Upon return of service of the information, the bailiff or clerk will fix and calendar a date for arraignment and notify the county attorney's office and the attorney for the defendant. If the defendant waives service of the information, he or she shall do so in writing and the waiver shall be filed with the information.

  B. If the defendant is confined in a jail or a penal institution, the defendant may appear virtually pursuant to the provisions of Rule 9-15 for any non-evidentiary hearing except sentencing. A defendant must appear in person for sentencing unless separately approved by the court. It shall be the responsibility of counsel for the defendant to arrange the virtual appearance with the bailiff not less than 48 hours before the hearing. A defendant not in the custody of a jail or a penal institution may only appear at a hearing virtually upon motion and permission of the court, which must be approved not less than 72 hours prior to the hearing.

  C. Arraignment. A defendant who has been bound over on a felony charge and is represented by counsel may file a written waiver and plea of not guilty pursuant to Neb. Rev. Stat. § 29-4206. This waiver must be filed not less than 24 hours prior to the scheduled arraignment.

  D. If a defendant is represented by counsel, not in custody, and a presentence investigation is ordered, the defendant shall report to the District 9 probation office within 24 hours of the entry of plea hearing to begin the presentence investigation process. It shall be the duty of the defense counsel to notify the defendant of this requirement. The probation officer shall have no responsibility to search for the defendant, and if the defendant fails to present himself or herself promptly for the presentence interview, such failure shall be reported to the court and may result in revocation of bond.

  E. It is the duty of counsel offering evidence through a witness requiring an interpreter to notify the court not less than 10 days prior to any hearing. It is the duty of defense counsel to notify the court of the defendant's need for an interpreter not less than 10 days prior to any hearing.

   F. Criminal Final Pretrial Hearing. All defendants are required to appear in person with their counsel of record at final pretrial hearings. The prosecutor attending a pretrial conference shall be fully knowledgeable about the case and shall have the authority to make decisions concerning trial dates, discovery, pleas, and similar matters relating to timely disposition of the case. Any attorney attending such a conference on behalf of a defendant shall likewise be knowledgeable about the case and shall have obtained the defendant’s authorization to make similar decisions. Counsel shall be prepared to provide the court with information regarding speedy trial time upon request.

  G. Detainer Cases. A detainer case shall be set for the next available jury term of the assigned judge at the time of arraignment. Therefore, if a person makes a valid and timely request for disposition of untried charges, the county attorney shall promptly notify the judge to whom the case is assigned. If the request was made while the case was pending in the county court, the judge shall be notified when the case is bound over to the district court.

Approved September 9, 2010; renumbered and amended February 11, 2026.