§ 25-1587.05.Stay.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1993 · Last verified July 22, 2026
Full Text of § 25-1587.05
Source
Laws 1993, LB 458, § 5.
Plain-English Summary
A debtor who has filed, or plans to file, an appeal in the state that entered the judgment is not left without recourse once that judgment is filed in Nebraska. Under subsection (a), if the debtor shows the court that an appeal is pending or will be taken, or that the rendering state granted a stay of execution, the Nebraska court must stay enforcement until the appeal concludes, the time to appeal runs out, or the stay of execution expires or is vacated, once the debtor proves the security required by the rendering state has been furnished.
Subsection (b) provides a second, independent path. If the debtor shows the court any ground on which a Nebraska court would stay enforcement of one of its own judgments, the court stays enforcement of the foreign judgment for an appropriate period, requiring the debtor to furnish the same security Nebraska law would require in that situation.
Frequently Asked Questions
Can a debtor pause enforcement while appealing the judgment in the state where it was entered?
Yes, under subsection (a), if the debtor shows the appeal is pending or will be taken, or that a stay of execution was granted, and furnishes the security that state required.
What if the debtor has a Nebraska-law reason to delay enforcement, unrelated to an appeal elsewhere?
Subsection (b) lets the court stay enforcement on any ground that would stay a Nebraska judgment, so long as the debtor furnishes the same security Nebraska law would require.
Is posting security required to get a stay under this section?
Yes, under both subsections. The court conditions the stay on the debtor furnishing the required security.
How long does a stay under subsection (a) last?
Until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated.
Does a debtor automatically get a stay just by requesting one?
No. The debtor has to show the court the qualifying circumstances under subsection (a) or (b) and furnish the required security before the court grants the stay.