Nebraska § 29-2824 - Habeas corpus proceedings; fees; taxation as costs; payment by county; payment in advance not demandable.
Full text of Nebraska Revised Statutes of Nebraska § 29-2824 — Habeas corpus proceedings; fees; taxation as costs; payment by county; payment in advance not demandable., with citation guidance and answers to common questions.
§ 29-2824. Habeas corpus proceedings; fees; taxation as costs; payment by county; payment in advance not demandable.
The county judge shall be allowed the sum of five dollars for every allowance of the writ of habeas corpus and the hearing and determining of the case upon the return of the writ, which sum, together with the fees of the clerk, sheriff, and witnesses in the case, shall be taxed by the judge on his or her return of proceedings on the writ, and the same shall be taxed and collected as part of the original costs in the case whenever the person brought before the judge on the writ was in custody by virtue of the proceedings in any case in which such person is charged or attempted to be charged with the commission of any criminal offense, and when such person shall either be held to bail, or shall be remanded to custody by the judge, but when such person shall be wholly discharged by the judge the costs shall be taxed to the state, and paid out of the county treasury of the proper county, upon the order of the county board; Provided, no person or officer shall have the right to demand the payment in advance of any fees which such person or officer may be entitled to by virtue of such proceedings on habeas corpus, when the writ shall have been issued or demanded for the discharge from custody of any person confined under color of proceedings in any criminal case.
No prepayment of fees is necessary in order to file a petition for a writ of habeas corpus based upon an issue of custody in a criminal case. Buggs v. Frakes, 298 Neb. 432, 904 N.W.2d 664 (2017).
Under former law Post Conviction Act did not provide for allowance of attorney's fees. State v. Konvalin, 181 Neb. 554, 149 N.W.2d 755 (1967).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 29-2824
What does Revised Statutes of Nebraska § 29-2824 cover?
Section 29-2824 ("Habeas corpus proceedings; fees; taxation as costs; payment by county; payment in advance not demandable.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 29-2824?
A common citation format is "Revised Statutes of Nebraska § 29-2824" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 29-2824 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.