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§ 25-1717.Bond for cost, appeal, supersedeas, injunction, or attachment; county and employees; exemption.

Article 17: Costs · Last amended 1989 · Last verified July 22, 2026

In one sentenceThis section exempts a county, and any of its officers, boards, departments, commissions, agents, or employees acting in their official capacity, from having to post a bond for costs, appeal, supersedeas, injunction, or attachment.

Full Text of § 25-1717

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No bond for cost, appeal, supersedeas, injunction, or attachment shall be required of any county or of any officer, board, head of any board, department, head of any department, commission, head of any commission, agent, or employee of any county in any proceeding or court action in which the county or any officer, board, head of any board, department, head of any department, commission, head of any commission, agent, or employee of the county is a party litigant in its, his, or her official capacity.

Source

Laws 1989, LB 556, § 1.

Plain-English Summary

Requiring a government body to post bond before it can appeal, seek an injunction, or pursue similar relief would tie up public funds for a formality that private litigants use to guarantee payment to an opposing party. Section 25-1717 removes that requirement for counties: no bond for cost, appeal, supersedeas, injunction, or attachment is required of any county, or of any officer, board, department, commission, agent, or employee of a county, when that person or body is a party litigant acting in an official capacity.

The exemption is broad in the types of bonds it covers — costs, appeals, supersedeas, injunctions, and attachments all fall within it — but narrow in who it protects. It reaches only official-capacity litigation involving the county itself or those acting on its behalf in that role.

Frequently Asked Questions

Does a county have to post a bond to appeal a case in Nebraska?

No. Section 25-1717 exempts counties from bond requirements for appeals, along with costs, supersedeas, injunctions, and attachments.

Are county employees covered by this exemption?

Yes, when they are party litigants in their official capacity.

Does this exemption apply if a county employee is sued personally, outside their official role?

The exemption is tied to official-capacity litigation, not to personal claims against an employee.

What types of bonds does this section cover?

Bonds for cost, appeal, supersedeas, injunction, and attachment.

Why are counties exempt from posting these bonds?

To avoid requiring public funds to secure obligations that private bonds are meant to guarantee, when the county itself stands behind the litigation.

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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