Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1941 · Last verified July 22, 2026
In one sentenceThis section requires a party who obtains an injunction to post a bond, approved by the clerk and set by the court, to cover the enjoined party’s damages if the injunction turns out to have been wrongly granted, unless a special statute provides otherwise.
Full Text of § 25-1067
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No injunction, unless provided by special statute, shall operate until the party obtaining the same shall give an undertaking, executed by one or more sufficient sureties, who shall justify as provided in sections 25-2222 and 25-2223. The undertaking shall be approved by the clerk of the court granting such injunction, in
an amount to be fixed by the court or judge allowing the same, to secure to the party enjoined the damages he may sustain, if it be finally decided that the injunction ought not to have been granted.
Source
R.S.1867, Code § 255, p. 435; R.S.1913, § 7796; C.S.1922, § 8740; C.S.1929, § 20-1067; Laws 1941, c. 29, § 7, p. 136; C.S.Supp.,1941, § 20-1067; R.S.1943, § 25-1067.
Cross References
State officers and departments, not required to give injunction bond, see section 25-21,216.
Plain-English Summary
An injunction can cause real harm to the party it restrains, and section 25-1067 makes sure someone stands behind that risk before the injunction takes effect. Unless a special statute provides otherwise, no injunction operates until the party who obtained it gives an undertaking — a bond — executed by one or more sufficient sureties who must justify their sufficiency as provided in sections 25-2222 and 25-2223.
The clerk of the court that granted the injunction approves the undertaking, and the amount is fixed by the court or judge who allowed the injunction. That amount exists for one purpose: to secure the enjoined party’s damages if it is later decided that the injunction should not have been granted in the first place. In other words, the bond is the enjoined party’s financial backstop against being wrongly restrained.
The requirement is not universal. Where a special statute governs the particular type of injunction and dispenses with the bond, that statute controls instead. Absent such a statute, though, the bond requirement is a precondition to the injunction taking effect at all — a point reinforced by section 25-1070, which ties the moment an injunction becomes binding to when the required undertaking is executed.
Frequently Asked Questions
Does every Nebraska injunction require the plaintiff to post a bond?
Generally yes, unless a special statute provides otherwise for that particular type of injunction. Absent such a statute, the injunction does not operate until the bond is given.
What is the bond supposed to protect?
It secures the enjoined party’s damages if it is later decided the injunction ought not to have been granted.
Who sets the amount of the bond?
The court or judge who grants the injunction fixes the amount, and the clerk of that court approves the undertaking.
Who has to sign the bond?
One or more sufficient sureties, who must justify their sufficiency as provided in sections 25-2222 and 25-2223.
What happens if the injunction takes effect before the bond is posted?
Section 25-1067 makes the bond a condition to the injunction operating at all, and section 25-1070 ties the moment an injunction binds the enjoined party to when the required undertaking is executed.
Is there ever an exception to the bond requirement?
Yes, when a special statute governing that particular type of injunction dispenses with it.
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
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