Deadlines After a Conviction
Neb. Rev. Stat. § 25-1912 — thirty days to appeal, and one year for postconviction relief
30 days. An appeal from the district court, including from a judgment and sentence upon a conviction for a felony or misdemeanor, is taken by filing a notice of intention to prosecute the appeal in the office of the clerk of the district court within thirty days after the entry of the judgment or final order, and depositing the docket fee with the clerk, except where the statutes provide otherwise.
Who handles this in Nebraska: Nebraska State Bar Association, Find a Lawyer; and legal aid programs and the state offices, listed in the Nebraska directory.
After a motion. The running of the time is ended by a timely motion for a new trial under section 25-1144.01, to alter or amend a judgment under section 25-1329, or to set aside the verdict or judgment under section 25-1315.02, and the full time starts again from the entry of the order ruling on the motion. A notice of appeal filed before the court announces its decision on such a motion has no effect, and a new one is filed within the time after the ruling.
One year. A one-year period of limitation applies to filing a verified motion for postconviction relief. It runs from the latest of: the judgment becoming final by the end of a direct appeal or of the time to file one; the date the facts of the claim could have been discovered with due diligence; the removal of an unconstitutional impediment created by state action that prevented filing; or the recognition of a new constitutional right made retroactive to postconviction review.
Certiorari. The year can also run from the date the Supreme Court of the United States denies a writ of certiorari or affirms the conviction, but only if, within thirty days after petitioning for the writ, the prisoner files a notice in the district court of conviction stating that the petition was filed.
Assigned counsel on appeal, a stay pending appeal, and federal habeas corpus run on rules and deadlines of their own and are not on this page. Whether a deadline has passed in a particular case is a question for a licensed Nebraska attorney.
Sources for this section (2)
- Neb. Rev. Stat. § 25-1912 — Appeal; civil and criminal actions; procedure; notice of appeal; docketing fee; filing of transcript
- Neb. Rev. Stat. § 29-3001 — Postconviction relief; motion; limitation; procedure; costs
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nebraska attorney.