Where the injunction is allowed during litigation and without notice of the application therefor, the order of injunction shall be issued, and the sheriff shall forthwith serve the same upon each party enjoined, in the manner prescribed for serving a summons, and make return thereof without delay.
§ 25-1069.Service of order; return.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires the sheriff, when an injunction is allowed during the litigation without prior notice to the other side, to promptly serve the order on each enjoined party the same way a summons is served and to make a return of that service without delay.
Full Text of § 25-1069
Source
R.S.1867, Code § 257, p. 436; R.S.1913, § 7798; C.S.1922, § 8742; C.S.1929, § 20-1069; R.S.1943, § 25-1069.
Plain-English Summary
Section 25-1068 lets some injunctions skip a separate written order. Section 25-1069 handles the case where a separate order is required: an injunction allowed during the litigation, and without notice of the application having been given first. In that situation, the order of injunction must be issued, and the sheriff has to serve it on each enjoined party promptly, in the same manner used for serving a summons.
The sheriff also has to make a return of that service without delay — documenting for the court that service happened and how. Because this section applies specifically to injunctions granted without advance notice, prompt service matters: the enjoined party’s first notice that the injunction exists may well be this service, so the statute does not leave the timing to the sheriff’s convenience.
Frequently Asked Questions
When does this section apply?
When an injunction is allowed during the litigation — as opposed to at the commencement of the action — and without notice of the application having been given to the party enjoined beforehand.
Who serves the order of injunction in that situation?
The sheriff, using the same manner prescribed for serving a summons.
How quickly must the sheriff serve the order?
Forthwith — the statute requires prompt service rather than leaving the timing open.
Does the sheriff have to report back to the court after serving the order?
Yes. The sheriff must make a return of the service without delay.
How is this different from the situation addressed in section 25-1068?
Section 25-1068 covers injunctions allowed at the start of the case, or where notice of the application was already given, letting a separate order be skipped. Section 25-1069 covers the remaining situation, where the injunction is granted during litigation without prior notice and a formal order and sheriff service are required.
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: sheriff serve injunction order nebraskainjunction without prior notice servicereturn of service injunction nebraska25-1069 service of orderserving order like a summons