§ 25-1076.Injunction without notice; showing and counter-showing; affidavits.

Section 25-1076 completes the picture set up in section 25-1075 by addressing the plaintiff’s side of a challenge to an injunction granted without notice. If the defendant’s application to vacate or modify is made on affidavits from the defendant — but not otherwise — the plaintiff may oppose it with additional affidavits or other evidence, beyond whatever supported the injunction when it was first granted.

The qualifier “but not otherwise” matters. This particular right to respond with new evidence is tied specifically to the situation where the defendant is introducing new affidavits of the defendant’s own. Where the defendant instead attacks the sufficiency of the original petition and affidavits, without adding new material, this section’s specific counter-showing right does not come into play the same way.

Read together, sections 25-1075 and 25-1076 create a balanced procedure: a defendant who was enjoined without notice can introduce new facts to attack the injunction, and once the defendant does, the plaintiff is not stuck defending only the original showing but can bring in additional evidence to meet it.