§ 25-1063.Temporary injunction; issuance; grounds.

Section 25-1063 states the substantive test for a temporary injunction. The plaintiff must first show entitlement to the relief demanded, where that relief consists, in whole or part, of restraining the commission or continuance of some act. From there, the section describes two situations in which a temporary injunction may issue. The first looks at ongoing harm: if letting the act continue during the litigation would cause great or irreparable injury to the plaintiff, a temporary injunction can stop it before trial rather than making the plaintiff wait for a final judgment that might come too late to matter.

The second situation looks at conduct that threatens to undercut the lawsuit itself. If, during the litigation, it appears the defendant is doing, threatens, is about to do, or is procuring or allowing to be done some act that violates the plaintiff’s rights regarding the subject of the action and tends to make an eventual judgment ineffectual, a temporary injunction may restrain that act. This branch protects the integrity of the case in progress — stopping a defendant from, for example, disposing of property or otherwise mooting the very relief the plaintiff is suing for.

The section closes by noting that a temporary injunction may also be granted whenever some other Nebraska statute specifically authorizes it, so this general standard is not the only route to temporary injunctive relief. Everything here operates subject to the limitations found throughout sections 25-1062 to 25-1080, including the notice requirements and procedural safeguards in the sections that follow.