The order of injunction shall be addressed to the party enjoined, shall state the injunction, and shall be issued by the clerk. Where the injunction is allowed at the commencement of the action, the clerk shall endorse upon the summons injunction allowed, and it shall not be necessary to issue the order of injunction; nor shall it be necessary to issue the same where notice of the application therefor has been given to the party enjoined. The service of the summons so endorsed, or the notice of the application for an injunction, shall be notice of its allowance.
§ 25-1068.Service of order of injunction; when not required.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section says the order of injunction is addressed to the enjoined party, is issued by the clerk, and does not have to be issued separately when the injunction was allowed at the start of the case (where the clerk endorses the summons instead) or when the enjoined party already received notice of the application.
Full Text of § 25-1068
Source
R.S.1867, Code § 256, p. 436; R.S.1913, § 7797; C.S.1922, § 8741; C.S.1929, § 20-1068; R.S.1943, § 25-1068.
Cross References
For endorsement by sheriff showing time he or she received the summons, see section 23-1701.05.
Plain-English Summary
Section 25-1068 covers the mechanics of how an injunction order gets communicated to the party it restrains. As a baseline, the order of injunction is addressed to the party enjoined, states the injunction, and is issued by the clerk. That is the standard route for putting an injunction into effect.
Two situations let that formal order be skipped. If the injunction is allowed at the very start of the case, the clerk endorses “injunction allowed” on the summons, and no separate order needs to issue — service of that endorsed summons itself counts as notice of the injunction’s allowance. Likewise, if notice of the application for the injunction was already given to the enjoined party before it was granted, no separate order needs to be issued either; the notice of the application serves the same function.
Both shortcuts rest on the same idea: what matters is that the enjoined party receives notice that the injunction has been allowed, whether that notice comes through an endorsed summons, a formal order, or advance notice of the application itself.
Frequently Asked Questions
Does every Nebraska injunction require a separate written order served on the enjoined party?
Not always. If the injunction was allowed at the start of the case, the clerk endorses the summons instead of issuing a separate order. If notice of the application was already given, no separate order is needed either.
Who issues the order of injunction?
The clerk of the court.
What does it mean for the summons to be “endorsed” with the injunction?
It means the clerk marks the summons itself as “injunction allowed” when the injunction is granted at the commencement of the action, so that document alone serves as notice.
If I already had notice that the other side applied for an injunction, do I still get a separate order?
No. Section 25-1068 says a separate order need not be issued where notice of the application was given to the party enjoined.
How does an enjoined party know an injunction has been allowed?
Through service of the summons endorsed with the injunction, or through the notice of the application for the injunction — either one counts as notice of its allowance.
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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