Eviction cases would allow tenants to demand jury trials

A tenant could demand a jury trial in a case seeking possession of a rental home. This applies to cases brought under Nebraska's Uniform Residential Landlord and Tenant Act to recover possession of rented property. The tenant may choose a jury trial instead of a trial before the judge. The complaint seeking possession may include a demand for a jury trial. The tenant may demand a jury trial when answering and appearing in the possession case, including at the first appearance.

Courts would have to tell defendants about the jury-trial right, and county courts would have to ask whether defendants want a jury. The notice and inquiry would apply to defendants in possession cases under the Uniform Residential Landlord and Tenant Act. The summons would state that the defendant may demand a jury trial. If the defendant has not already demanded a jury, the court would provide information about that right. For cases in county court, the court would ask whether the defendant wants a jury trial or a judge-only trial. The notice would appear in the summons, and the court inquiry would occur by the defendant's first appearance.

Courts would schedule jury possession trials as soon as practical, and they could require rent deposits when a tenant asks to delay the trial. This applies to jury trials in cases seeking possession of residential rental property. If the tenant asks to continue the jury trial beyond its first scheduled date, the court may require the tenant to deposit rent payments that come due while the case continues. Judge-only trials would remain scheduled 10 to 14 days after the summons is issued under the described provision. The jury trial would be scheduled as soon as practical, and any required deposits would cover rent accruing while the case is pending after a tenant-requested delay.