(a) In General.
An accused may pay a fixed sum (i.e., forfeit collateral) in lieu of an
appearance before a magistrate judge for certain scheduled offenses
committed within the territorial and subject matter jurisdiction of the District
Effective December 1, 2025 Nebraska Criminal Rules
of Nebraska. The schedules of offenses and the amounts to be forfeited are
set out in the court's general/standing orders and may, by general/standing
order, be modified in under Federal Rule of Criminal Procedure 58(d)(1).
(b) Exceptions.
Notwithstanding Nebraska Criminal Rule 59.4(a), the defendant must
appear before the magistrate judge if:
(1) the offense charged is not identified in the schedules attached to the
general/standing orders or any subsequent modifications to those
schedules;
(2) the law enforcement officer was not authorized to issue a citation or
violation notice for the type or magnitude of offense charged;
(3) the offense resulted in serious personal injury, death, or property
damage in excess of $1,000; or
(4) the circumstances surrounding the charged offense were aggravated
and, in the issuing law enforcement officer's discretion, an
appearance before the magistrate judge is mandatory.
(c) Mandatory Appearance.
The citation or violation notice issued by the law enforcement officer must
indicate if an appearance before the magistrate judge is mandatory. If so,
the accused may not post collateral in lieu of an appearance.
(d) Payment of Forfeiture.
Timely payment of the appropriate forfeiture amount terminates the
proceedings on the citation or violation notice.
(e) Prosecution.
This rule does not preclude the government from initiating a prosecution for
any of the scheduled offenses by means of a complaint, information, or
indictment.
(f) Administration.
The clerical, administrative, and fiscal operations necessary for the
administration of the collateral forfeiture system are conducted by the clerk
and the Consolidated Central Violations Bureaus operated under the laws
Effective December 1, 2025 Nebraska Criminal Rules
of the United States and the regulations established by the Administrative
Office of the United States Courts.
