Nebraska State Constitution Article V-25

Article V-25


Supreme Court to promulgate rules of practice; to make recommendations to Legislature.

For the effectual administration of justice and the prompt disposition of judicial proceedings, the supreme court may promulgate rules of practice and procedure for all courts, uniform as to each class of courts, and not in conflict with laws governing such matters. To the same end, the court may, and when requested by the Legislature by resolution shall, certify to the Legislature its conclusions as to desirable amendments or changes in the general laws governing such practice and proceedings.


  • Neb. Const. art. VI, sec. 25 (1920);
  • Adopted 1920, Constitutional Convention, 1919-1920, No. 15;
  • Transferred by Constitutional Convention, 1919-1920, art. V, sec. 25;
  • Amended 2000, Laws 1999, LR 18CA, sec. 3.


1. Power of Supreme Court

2. Rules of practice

3. Miscellaneous

1. Power of Supreme Court

The Nebraska Supreme Court is vested with the sole power to admit persons to the practice of law in this state and to fix qualifications for admission to the Nebraska bar. In re Application of Brown, 270 Neb. 891, 708 N.W.2d 251 (2006).

The Nebraska Supreme Court, and only that court, is invested with the power to admit persons to the practice of law and to fix qualifications for admission to the bar. Thus, it has the responsibility to adopt and implement systems designed to protect the public and safeguard the judicial system by assuring that those admitted to the bar are of such character and fitness as to be worthy of the trust and confidence such admission implies. In re Application of Majorek, 244 Neb. 595, 508 N.W.2d 275 (1993).

Rulemaking power of Supreme Court may not be used to change venue set by statute. Peck v. Dunlevey, 184 Neb. 812, 172 N.W.2d 613 (1969).

This section does not limit the judicial power with respect to making rules as qualifications for admission to the bar. State ex rel. Ralston v. Turner, 141 Neb. 556, 4 N.W.2d 302 (1942).

Supreme Court is vested with sole power to admit persons to practice law and fix their qualifications. State ex rel. Wright v. Hinckle, 137 Neb. 735, 291 N.W. 68 (1940).

Supreme Court is vested with sole powers to admit persons to practice law and fix qualifications for admission to the bar, and possesses inherent power to punish for contempt any person assuming to practice law without having been duly licensed to do so. State ex rel. Wright v. Barlow, 131 Neb. 294, 268 N.W. 95 (1936).

Supreme Court is precluded by law from promulgating rules of practice and procedure empowering trial courts to enter nonsuit on conclusion of opening statements to jury. Temple v. Cotton Transfer Co., 126 Neb. 287, 253 N.W. 349 (1934).

2. Rules of practice

Rule of practice promulgated, with reference to procurement, service, return, and settlement of bill of exceptions. Neighbors & Danielson v. West Nebraska Methodist Hospital, 162 Neb. 33, 74 N.W.2d 854 (1956).

Rule of practice that court determines punishment to be inflicted on conviction of subsequent offense adhered to. Poppe v. State, 155 Neb. 527, 52 N.W.2d 422 (1952).

Rule of practice established for all courts that imposition of increased penalty for subsequent offense is matter for court and not jury. Haffke v. State, 149 Neb. 83, 30 N.W.2d 462 (1948).

Rule of practice to the effect that plaintiff may, in personal injury action, establish on cross-examination that defendant is indemnified from loss by insurance company, was revoked. Fielding v. Publix Cars, Inc., 130 Neb. 576, 265 N.W. 726 (1936).

Information charging murder in first degree, following statute and form approved by Supreme Court, was sufficient. Hansen v. State, 121 Neb. 169, 236 N.W. 329 (1931).

Pursuant to its right to promulgate rules of practice, Supreme Court had power to prescribe short form of information for murder. Nichols v. State, 109 Neb. 335, 191 N.W. 333 (1922).

Rule of practice that party may not contradict testimony of his own witness set aside, and party may, within court's discretion, be permitted to show contradictory statements by witness before trial. Penhansky v. Drake Realty Constr. Co., 109 Neb. 120, 190 N.W. 265 (1922).

3. Miscellaneous

Where a rule of practice promulgated by the Supreme Court is later abrogated and a new rule is promulgated effective on a certain date, the new rule is not retroactive and applicable to cases tried under the former rule. Heineman v. Wilson, 132 Neb. 159, 271 N.W. 346 (1937).