§ 25-1709.New or additional security.
Article 17: Costs · Last amended 2001 · Last verified July 22, 2026
Full Text of § 25-1709
Source
Laws 2001, LB 489, § 7.
Plain-English Summary
Security posted at the start of a case does not always stay adequate. Section 25-1709 lets the court respond when it does not: the court may order new or additional security at any time, whether the original security has become insufficient or circumstances otherwise call for more.
The order comes with two built-in safeguards — notice to the parties, and terms the court considers reasonable and proper — so the party required to post more security is not caught unaware or held to an unfair standard.
Frequently Asked Questions
Can a court require more security for costs partway through a case?
Yes. Section 25-1709 allows the court to order new or additional security at any time.
What might trigger a request for additional security?
A concern that the existing security has become insufficient to cover potential costs.
Does the party have to be notified before more security is ordered?
Yes. The order comes on notice.
Who decides what counts as reasonable terms for new security?
The court, which must set terms it finds reasonable and proper.
Does this apply to both cash bonds and sureties?
The section addresses security for costs generally, without limiting itself to one form over another.