The party seeking to vacate or modify a judgment or order, may obtain an injunction suspending proceedings on the whole or part thereof, which injunction may be granted by the court, or any judge thereof, upon its being rendered probable, by affidavit or by exhibition of the record, that the party is entitled to have such judgment or order vacated or modified.
§ 25-2006.District court judgment; proceedings to vacate or modify; injunction.
Article 20: Vacation or Modification of Judgments and Orders · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a party seeking to vacate or modify a judgment obtain an injunction suspending enforcement of it, granted by the court or a judge once an affidavit or the record makes it probable that the judgment is entitled to be vacated or modified.
Full Text of § 25-2006
Source
R.S.1867, Code § 607, p. 502; R.S.1913, § 8212; C.S.1922, § 9165; C.S.1929, § 20-2006; R.S.1943, § 25-2006.
Plain-English Summary
Pursuing a complaint to vacate or modify a judgment under section 25-2002 does not by itself stop the judgment from being enforced while the case is pending. Section 25-2006 gives the party seeking that relief a way to pause enforcement: an injunction suspending proceedings on the whole or part of the judgment or order.
The court, or any judge of the court, may grant that injunction once it becomes probable, by affidavit or by exhibition of the record, that the party is entitled to have the judgment or order vacated or modified. The probable-cause showing does not require the party to win the underlying vacation claim outright — it asks only whether the party has made a sufficient case, on affidavit or the record, that the relief is likely warranted.
Frequently Asked Questions
Can I stop enforcement of a judgment while I pursue a complaint to vacate it?
Yes. Section 25-2006 lets the party seeking to vacate or modify a judgment obtain an injunction suspending proceedings on the whole or part of it.
Who grants this injunction?
The court, or any judge of the court.
What has to be shown to get the injunction?
That it is probable, by affidavit or by exhibition of the record, that the party is entitled to have the judgment or order vacated or modified.
Does the injunction stop the entire judgment, or just part of it?
Either. The section allows an injunction suspending proceedings on the whole or part of the judgment or order.
Do I have to prove my vacation claim will succeed to get this injunction?
No. The standard is probability shown by affidavit or the record, not a final determination of the underlying vacation claim.
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
Also known as: injunction to suspend judgment nebraskastay enforcement while vacating judgmentsuspending proceedings on judgment nebraskaprobable cause vacate judgment injunction