Neb. Sup. Ct. R. 6-204

As amended through October 23, 2024

Section 6-204 - Closure; findings required; record required

If the trial court determines after hearing that permitting the general public to hear such matters under consideration will result in a substantial likelihood of injury or damage to the accused's right to a fair trial and no other reasonable alternative for assuring a fair trial exists, the trial court may exclude the general public from such proceeding. To the extent that the trial court can isolate the testimony concerning such matter from other matters presented to the court at the same time, the general public should be excluded only from that portion of the hearings in which such matter is being considered or evidence taken.

Upon entering an order of closure, the court shall articulate written findings as follows:

(A) that the evidence establishes an adequate basis to support a finding that there is a substantial likelihood that irreparable damage to the accused's right to a fair trial will result from conducting the questioned proceedings in public,

(B) that a substantial likelihood exists that reasonable alternatives to closure will not adequately protect the accused's right to a fair trial, and

(C) there is a substantial likelihood that closure will be effective in protecting against the perceived harm.

The burden of establishing such facts shall be upon the moving party.

Except as otherwise provided by law, all matters heard by the court after the general public has been excluded shall nevertheless be on the record and shall be made available for public inspection within a reasonable time after a final judgment or verdict in the case has been rendered.

Neb. Sup. Ct. R. 6-204