A party enjoined may, at any time before judgment, upon reasonable notice to the party who has obtained the injunction, move the court for additional security; and if it appears that the surety in the undertaking has removed from the state, or is insufficient, the court may vacate the injunction, unless in a reasonable time sufficient security be given.
§ 25-1073.Motion for additional security; vacation.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a party restrained by an injunction move, before judgment and with reasonable notice, for additional security, and lets the court vacate the injunction if the existing surety has left the state or become insufficient and adequate security is not provided in time.
Full Text of § 25-1073
Source
R.S.1867, Code § 261, p. 436; R.S.1913, § 7802; C.S.1922, § 8746; C.S.1929, § 20-1073; R.S.1943, § 25-1073.
Plain-English Summary
The bond required under section 25-1067 is not fixed for the life of the case. Section 25-1073 lets the enjoined party test whether it still provides real protection. At any time before judgment, on reasonable notice to the party who obtained the injunction, the enjoined party may move the court for additional security.
If it turns out the surety on the original undertaking has left the state, or has become insufficient, the court can vacate the injunction outright — unless sufficient security is given within a reasonable time. That gives the party who obtained the injunction a real chance to cure the problem by posting a stronger bond, rather than losing the injunction automatically the moment a surety’s reliability comes into question.
This section, in effect, keeps the bond requirement meaningful throughout the litigation, not just at the moment the injunction first issued. A surety who was sufficient when the injunction was granted might not stay that way, and section 25-1073 gives the enjoined party a mechanism to raise that change and force a response.
Frequently Asked Questions
Can I ask the court for a bigger bond after an injunction has already been granted against me?
Yes. Section 25-1073 lets the enjoined party move for additional security at any time before judgment, on reasonable notice to the party who obtained the injunction.
What happens if the surety on the injunction bond leaves the state?
The court may vacate the injunction, unless sufficient security is given within a reasonable time.
What if the surety becomes financially insufficient during the case?
The same remedy applies: the court may vacate the injunction unless adequate security is provided within a reasonable time.
Does the injunction automatically end if the surety becomes unreliable?
No. The party who obtained the injunction gets a chance to give sufficient security within a reasonable time before the court vacates the injunction.
Is there a deadline for moving for additional security?
The motion must be made before judgment, and reasonable notice must be given to the party who obtained the injunction.
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: motion for additional security injunction nebraskainsufficient surety injunction bondvacate injunction bad surety25-1073 additional securitysurety left the state injunction