§ 25-1074.Hearings; affidavits.

Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026

In one sentenceThis section allows each party, at a hearing on an application for an injunction, to read affidavits, and requires every affidavit used at the hearing to be filed with the court.

Full Text of § 25-1074

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On the hearing of an application for an injunction, each party may read affidavits. All affidavits shall be filed.

Source

R.S.1867, Code § 262, p. 437; R.S.1913, § 7803; C.S.1922, § 8747; C.S.1929, § 20-1074; R.S.1943, § 25-1074.

Plain-English Summary

Section 25-1074 is brief but sets the evidentiary format for injunction hearings. On the hearing of an application for an injunction, each party may read affidavits — sworn written statements stand in for live testimony as a routine part of how these hearings work. Both the party seeking the injunction and the party opposing it get that same right.

The section adds one procedural requirement: all affidavits shall be filed. An affidavit read at the hearing does not disappear once it is read; it becomes part of the court file, available to the parties and to any later reviewing court.

Frequently Asked Questions

Can testimony be given by affidavit at a Nebraska injunction hearing?

Yes. Section 25-1074 allows each party to read affidavits at the hearing on an application for an injunction.

Does only the party seeking the injunction get to use affidavits?

No. Both sides may read affidavits at the hearing.

Do affidavits used at the hearing have to be filed with the court?

Yes. Section 25-1074 requires that all affidavits be filed.

Does this section apply to hearings on a temporary restraining order granted without notice?

Sections 25-1075 and 25-1076 separately address the showing and counter-showing by affidavit when an injunction granted without notice is later challenged, working alongside the general affidavit practice this section describes.

Is live witness testimony required at an injunction hearing?

Section 25-1074 confirms that affidavits are an available way to present evidence at the hearing; it does not itself bar other forms of evidence.

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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