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§ 6-1463. Uniform traffic citation and complaint and citation in lieu of arrest.

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   (A) Traffic Complaint and Notice to Appear; Form.

   (1) Form: hand‑written citation and complaint. In traffic cases, the complaint and notice to appear shall be in the form known as the "Uniform Traffic Citation and Complaint," substantially the same as set out in Appendix 5 hereto. The Uniform Traffic Citation and Complaint shall consist of four parts:

   (a) the complaint, printed on white paper;

   (b) the officer's copy, printed on yellow paper;

   (c) the prosecutor's copy, printed on blue paper; and

   (d) the defendant's copy, printed on card stock, with the waiver and plea printed on the reverse side.

The citation shall be 4.5 by 8 inches in size and printed in precisely the format approved by the Supreme Court. Three inches from the top of the citation there will be a 2‑inch section listing offenses and statute numbers. Any agency wishing to replace the offenses in that section with other offenses unique to its enforcement responsibility may submit a proposal to the Administrative Office of the Courts and request approval for the same.

   (2) Form: computer‑generated citation and complaint. The "Uniform Traffic Citation and Complaint" may be created on a computer and printed. The information on the form shall be the same as on the hand‑written form and shall be substantially the same as set out in Appendix 5 hereto. The law enforcement officer or prosecutor preparing the Uniform Traffic Citation and Complaint shall print at least two copies‑‑the complaint, to be filed with the Court, and the defendant's copy, which shall contain the waiver and plea section if applicable. A copy may be printed for the law enforcement officer or her or his agency, and another for the prosecutor.

All computer‑generated Uniform Traffic Citation and Complaint forms shall be at a minimum printed on letter‑sized (8.5 by 11 inches) white paper with black printing, in the format approved by the Supreme Court. For agencies that use Mobile Data Terminals with continuous paper rolls, it is acceptable to exceed the minimum length described above. The offenses and statute numbers the defendant is accused of violating shall be listed in a separate section of the form.

   (3) Numbering. All citations shall be numbered in consecutive order. Each number shall contain up to two alpha characters and up to seven numerals with no leading zeros. Any agency wishing a specific alpha designation shall request assignment of the same from the Administrative Office of the Courts.

   The citation number shall be displayed at the top of the citation in Arabic characters and numerals. A machine‑readable "3 of 9" barcode shall appear at the top of every copy of the citation.    The barcode will not be required during the initial test period of citations generated electronically.

   (4) When used. The complaint form shall be used in traffic cases in county courts, whether the complaint is made by a peace officer, prosecutor, or any other person.

   (5) The motorist's signature promising to appear may be captured on paper which is filed with the court or a digital representation of the motorist's signature may be captured, stored, and filed with the court.

   (B) Uniform Citation in Lieu of Arrest.

   (1) Form. Any citation in lieu of arrest issued pursuant to Neb. Rev. Stat. §§ 29‑422 through 29‑430 or Neb. Rev. Stat. § 60‑684 shall comply with the following minimum standards:

   (a) the name and address of the cited person;

   (b) the offense charged;

   (c) the time and place the cited person is to appear in court;

   (d) a written promise to appear in court (applicable only to citations issued by law enforcement personnel);

   (e) a line on which the cited person shall place his or her signature thereby promising to appear in court (applicable only to citations issued by law enforcement personnel);

   (f) a warning that failure to appear in accordance with the command of the citation is a punishable offense;

   (g) the citation may constitute a complaint filed in the trial court (applicable only to citations issued by law enforcement personnel); and

   (h) on computer-generated citations and complaints, a checkbox indicating if the cited person will require an interpreter when he or she appears in court.

Rule 63 adopted September 26, 2006. Renumbered and codified as § 6-1463, effective July 18, 2008; § 6-1463(B)(1)(f)-(h) amended June 8, 2011.

This page was last modified on Wednesday, December 30, 2015