RulesofCivilProcedure.com Civil Procedure · Every State

§ 25-1064.02.Sections, how construed.

Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1986 · Last verified July 22, 2026

In one sentenceThis section clarifies that sections 25-1062.01 and 25-1064 through 25-1064.02 do not cut off anyone’s right to an injunction or restraining order that another statute specifically authorizes.

Full Text of § 25-1064.02

Text size

Sections 25-1062.01 and 25-1064 to 25-1064.02 shall in no way limit a person's right to an injunction or temporary restraining order if such remedies are specifically authorized by statute.

Source

Laws 1986, LB 516, § 13.

Plain-English Summary

Section 25-1064.02 is a short savings clause. It states that sections 25-1062.01 and 25-1064 to 25-1064.02 shall in no way limit a person’s right to an injunction or temporary restraining order where those remedies are specifically authorized by statute elsewhere in Nebraska law.

The point is to prevent the general injunction procedure — with its notice requirements, its irrigation-water carve-outs, and its order-drafting standards — from being read to narrow or displace a different statute that grants injunctive relief for a particular type of case. If some other Nebraska statute independently authorizes an injunction or TRO for a specific situation, that authorization survives intact regardless of anything in this cluster of sections.

Frequently Asked Questions

Does this section create any new right to an injunction?

No. It only confirms that sections 25-1062.01 and 25-1064 to 25-1064.02 do not limit rights to injunctive relief that another statute specifically grants.

Why would Nebraska need a clarifying section like this?

Because the general injunction procedure in these sections could otherwise be read to narrow or override a separate statute that authorizes an injunction or restraining order for a specific type of case, this section makes clear that reading is wrong.

Does this section affect the notice requirements in section 25-1064?

No. It leaves those requirements intact for injunctions and TROs proceeding under the general framework; it only protects rights to injunctive relief that come from other, more specific statutes.

If another statute lets me get an injunction with different procedures, does that statute still control?

Yes. This section preserves that separate statutory authorization rather than folding it into, or subordinating it to, the general injunction sections.

Is this section itself a source of injunctive relief?

No. It is a rule of construction protecting other statutes’ grants of injunctive relief, not an independent source of the remedy.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
Also known as: statutory injunction not limited nebraskaconstruction of injunction sections25-1064.02 savings clauseinjunction authorized by other statute nebraskaspecial statutory injunctions preserved