If the injunction is granted without notice, the defendant, at any time before the trial, may apply, upon notice, to the court in which the action is brought or any judge thereof, to vacate or modify the same. The application may be made upon the complaint or petition and affidavits upon which the injunction is granted, or upon affidavits on the part of the party enjoined, with or without answer. The order of the judge allowing, dissolving, or modifying an injunction shall be returned to the office of the clerk of the court in which the action is brought and recorded and obeyed as if made by the court.
§ 25-1075.Injunction without notice; vacation; modification; notice.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section lets a defendant who was enjoined without notice apply, before trial and on notice to the other side, to vacate or modify the injunction, based on the original papers or on new affidavits, and requires the resulting order to be recorded and treated as if the court itself had made it.
Full Text of § 25-1075
Source
R.S.1867, Code § 263, p. 437; R.S.1913, § 7804; C.S.1922, § 8748; C.S.1929, § 20-1075; R.S.1943, § 25-1075; Laws 2002, LB 876, § 22.
Plain-English Summary
Getting an injunction without notice is a limited, front-loaded advantage — section 25-1075 gives the defendant a prompt way to challenge it. If the injunction was granted without notice, the defendant may, at any time before trial, apply on notice to the court where the action is pending, or to any judge of that court, to vacate or modify the injunction.
The defendant has flexibility in how to make that application. It can rest on the complaint or petition and affidavits the plaintiff used to get the injunction in the first place, or it can rest on affidavits the defendant submits, with or without having filed an answer. Either approach is available, giving the defendant room to attack the sufficiency of the original showing or to introduce new facts.
Once a judge rules on the application, the resulting order — whether it allows, dissolves, or modifies the injunction — is returned to the clerk’s office in the court where the action is brought, recorded, and obeyed as if the court itself, rather than an individual judge, had made it. That gives a judge’s ruling on this type of motion the same force as a decision of the court as a whole.
Frequently Asked Questions
If I was enjoined without notice, how do I challenge it?
At any time before trial, apply on notice to the court in which the action is brought, or to any judge of that court, to vacate or modify the injunction.
What can I base my application to vacate on?
Either the complaint or petition and affidavits the plaintiff used to obtain the injunction, or affidavits submitted on the defendant’s own behalf, with or without an answer having been filed.
Does the judge’s ruling on this type of motion carry the same weight as a ruling by the full court?
Yes. The order allowing, dissolving, or modifying the injunction is recorded and obeyed as if made by the court itself.
Do I have to wait until trial to challenge an injunction granted without notice?
No. Section 25-1075 lets the defendant apply to vacate or modify at any time before trial.
Does the plaintiff get a chance to respond to my application to vacate?
Yes. Section 25-1076 addresses how the plaintiff may oppose an application made on the defendant’s affidavits with additional affidavits or other 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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