A person that files a motion under subsection (a) of section 25-1355 to vacate registration of a Canadian judgment may request the court to stay enforcement of the judgment pending determination of the motion. The court shall grant the stay if the person establishes a likelihood of success on the merits with regard to a ground listed in subsection (b) of section 25-1355 for vacating a registration. The court may require the person to provide security in an amount determined by the court as a condition of granting the stay.
§ 25-1356.Stay of enforcement of judgment pending determination of motion.
Article 13: Judgments · Last amended 2021 · Last verified July 22, 2026
In one sentenceThis section lets a debtor who has moved to vacate a Canadian judgment’s registration ask the court to stay enforcement while the motion is pending, and requires the court to grant that stay if the debtor shows a likelihood of success on the merits.
Full Text of § 25-1356
Source
Laws 2021, LB501, § 20.
Plain-English Summary
A motion to vacate under section 25-1355 takes time to resolve, and section 25-1356 addresses what happens to enforcement in the meantime. A debtor who has filed such a motion can separately ask the court to stay enforcement of the registered judgment while the motion is pending, rather than face collection efforts before the challenge is decided.
Unlike the discretionary stay for foreign appeals under section 25-1344, this stay isn’t purely up to the court’s judgment. The court must grant it if the debtor establishes a likelihood of success on the merits with respect to one of the grounds listed in section 25-1355 for vacating the registration. That’s a real showing, not a formality — the debtor has to demonstrate the vacatur motion is likely to succeed, not merely that it’s been filed. As a condition of granting the stay, the court may require the debtor to post security in an amount the court determines.
Frequently Asked Questions
If I’ve filed a motion to vacate a registration, can I stop enforcement while it’s pending?
You can ask the court for a stay of enforcement pending determination of the motion under section 25-1356.
Is the court required to grant that stay, or is it discretionary?
The court must grant the stay if you establish a likelihood of success on the merits regarding a ground listed in section 25-1355 for vacating the registration.
What do I have to show to get the stay?
A likelihood of success on the merits with regard to one of the recognized grounds for vacating the registration under section 25-1355.
Can the court require me to put up money or security to get the stay?
Yes. The court may require security in an amount it determines as a condition of granting the stay.
Does filing the motion to vacate itself pause enforcement automatically?
No. Section 25-1355 states the motion doesn’t itself stay enforcement; section 25-1356 provides the separate mechanism for requesting a stay.
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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