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Bill > LB789
NE LB789
NE LB789Provide an exclusion from the hearsay rule for a statement offered against a party that wrongfully caused the declarant's unavailability
summary
Introduced
01/07/2026
01/07/2026
In Committee
01/09/2026
01/09/2026
Crossed Over
Passed
Dead
Introduced Session
Potential new amendment
109th Legislature
Bill Summary
A BILL FOR AN ACT relating to the Nebraska Evidence Rules; to amend section 27-804, Reissue Revised Statutes of Nebraska; to provide for an exclusion from the hearsay rule for a statement offered against a party that wrongfully caused the declarant's unavailability; to harmonize provisions; and to repeal the original section.
AI Summary
This bill amends Nebraska Evidence Rule 27-804 to create a new exception to the hearsay rule, which generally prohibits out-of-court statements from being used as evidence in court. The new exception allows a statement to be admitted against a party if that party wrongfully caused the person who made the statement (the declarant) to be unavailable to testify in court, and did so with the intention of preventing them from testifying. This is a significant change because, under current rules, a declarant's unavailability due to the opposing party's actions might prevent their statement from being heard, but this bill aims to prevent parties from benefiting from their own misconduct by making witnesses unavailable. The bill also makes conforming changes to the language of the rule to reflect this new provision and repeals the original version of the rule.
Committee Categories
Justice
Sponsors (1)
Last Action
Judiciary Hearing (13:30:00 1/21/2026 Room 1525) (on 01/21/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=62844 |
| Fiscal Note for LB789 | https://nebraskalegislature.gov/FloorDocs/109/PDF/FN/LB789_20260120-132335.pdf |
| Analysis - Statement of Intent | https://nebraskalegislature.gov/FloorDocs/109/PDF/SI/LB789.pdf |
| Kauth FA418 | https://nebraskalegislature.gov/FloorDocs/109/PDF/AM/FA418.pdf |
| BillText | https://nebraskalegislature.gov/FloorDocs/109/PDF/Intro/LB789.pdf |
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