Municipal Citation Statute of Limitations - 18 Months (Neb. Rev. Stat. §29-110)
Nebraska's general statute of limitations for misdemeanors is 18 months (Neb. Rev. Stat. §29-110(2)). Municipal parking ordinance violations are misdemeanors under most city codes (Omaha §36-71, Lincoln §10.36). If city fails to file in court within 18 months of violation, prosecution is jurisdictionally barred. State v. Hawkins, 245 Neb. 79, holds that the statute of limitations is jurisdictional, not waivable.
Legal basis
Neb. Rev. Stat. §29-110(2); Omaha Municipal Code §36-71; State v. Hawkins, 245 Neb. 79
Sample appeal wording
TO: [Court] RE: Citation #[NUMBER] - MOTION TO DISMISS - STATUTE OF LIMITATIONS Dear Honorable Judge, I move for dismissal under Neb. Rev. Stat. §29-110(2). FACTS: - Date of violation: [DATE] - Date case filed: [DATE] - Elapsed: [X] months, exceeding 18-month limit Under State v. Hawkins, 245 Neb. 79, the statute of limitations is jurisdictional. The court lacks jurisdiction. I request dismissal WITH PREJUDICE. Respectfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Neb. Rev. Stat. §29-110
- State v. Hawkins, 245 Neb. 79