No bond for costs, appeal, supersedeas, injunction, or attachment shall be required of the State of Nebraska, or of any state officer, state board, state commission, head of any state department, agent or employee of the state, the Director of Banking and Finance as receiver of insolvent state banks, or any receiver appointed on the application of the State of Nebraska, in any proceedings or court action in which said state, officer, board, commission, head of department, agent, or employee is a party litigant in its or his official capacity.
§ 25-21,216.Bonds for costs, appeal, supersedeas, injunction, attachment; state or its agencies not required to give.
Article 21: Special Proceedings and Actions · Last amended 1955 · Last verified July 22, 2026
In one sentenceThis section excuses the State of Nebraska and its officers, boards, commissions, department heads, agents, employees, the Director of Banking and Finance acting as receiver of insolvent state banks, and any state-requested receiver from posting a bond for costs, appeal, supersedeas, injunction, or attachment when sued or acting in an official capacity.
Full Text of § 25-21,216
Source
Laws 1930, Spec. Sess., c. 8, § 1, p. 39; C.S.1929, § 20-2231; R.S.1943, § 24-334; Laws 1955, c. 80, § 1, p. 236; R.S.1943, (1985), § 24-334.
Plain-English Summary
Section 25-21,216 extends the state’s bond exemption well beyond the appeal bond addressed elsewhere in this framework. No bond for costs, appeal, supersedeas, injunction, or attachment is required of the State of Nebraska, or of any state officer, state board, state commission, department head, agent, or employee, the Director of Banking and Finance acting as receiver of insolvent state banks, or any receiver appointed on the state’s application.
The exemption is tied to capacity: it applies whenever one of these parties is a litigant in its or his official capacity, in any proceeding or court action. A state officer sued or suing purely in a private capacity falls outside the reasoning of that exemption, since the section addresses official-capacity litigation.
Frequently Asked Questions
What kinds of bonds does the state not have to post under this section?
Bonds for costs, appeal, supersedeas, injunction, or attachment.
Does this exemption cover state officers and employees, or only the state itself?
It covers the state and any state officer, board, commission, department head, agent, or employee acting in an official capacity, along with the Director of Banking and Finance as receiver of insolvent state banks and any receiver appointed on the state’s application.
Does this section duplicate the appeal-bond exemption in section 25-21,213?
It reaches further — section 25-21,213 addresses the appeal and supersedeas bond specifically, while this section adds costs, injunction, and attachment bonds and extends the exemption to state officers and certain receivers.
Does the exemption apply if a state employee is sued in a personal capacity?
The section ties the exemption to official-capacity litigation, so a purely personal-capacity matter falls outside its stated reach.
Why would the Director of Banking and Finance be named specifically in this section?
That Director sometimes acts as receiver of insolvent state banks, and the section extends the bond exemption to that receivership role along with other state officials.
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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