No appeal shall operate as a supersedeas unless the appellant, within thirty days after the entry of the judgment, deposits with the clerk of the court in which the judgment was entered a cash bond or undertaking with at least one good and sufficient surety approved by the court conditioned in case of appeal by the plaintiff that he or she will satisfy the final judgment and costs and, in case of appeal by the defendant, that he or she will satisfy the final judgment and costs and will pay a reasonable rent for the premises during the time he or she shall have unlawfully withheld the same.
§ 25-21,234.Forcible entry and detainer; appeal; operate as supersedeas, when; bond or surety required.
Article 21: Special Proceedings and Actions · Last amended 2004 · Last verified July 22, 2026
In one sentenceAn eviction appeal only pauses enforcement of the judgment if, within thirty days, the appealing party posts a cash bond or a surety-backed undertaking approved by the court promising to satisfy the final judgment and costs, and, if the tenant is appealing, also to pay reasonable rent for however long possession is withheld.
Full Text of § 25-21,234
Source
Laws 1929, c. 82, § 132, p. 313; C.S.1929, § 22-1216; R.S.1943, § 26-1,133; Laws 1972, LB 1032, § 83; Laws 1981, LB 42, § 14; Laws 1984, LB 13, § 28; R.S.1943, (1985), § 24-583; Laws 1999, LB 43, § 13; Laws 2004, LB 1207, § 14.
Plain-English Summary
Section 25-21,234 answers the question left open by section 25-21,233: does an appeal stop the eviction? Not on its own. An appeal only operates as a supersedeas — a pause on enforcement — if the appellant, within thirty days after judgment, deposits a cash bond or gives an undertaking with at least one good and sufficient surety approved by the court.
What that bond must promise depends on who is appealing. If the plaintiff appeals, the condition is that the plaintiff will satisfy the final judgment and costs. If the defendant appeals, the condition covers the same final judgment and costs, plus reasonable rent for the premises for however long the defendant has unlawfully withheld them during the appeal.
The thirty-day deadline is firm, and it puts real pressure on a party who wants to stay in possession, or avoid removal, while an appeal plays out — without the bond, the judgment can be enforced despite the pending appeal.
Frequently Asked Questions
Does filing an appeal automatically stop an eviction in Nebraska?
No. It only stops enforcement if the appellant posts a cash bond or a surety-approved undertaking within thirty days of judgment.
How long does an appellant have to post the supersedeas bond?
Thirty days after entry of the judgment.
What must a tenant-appellant’s bond promise?
To satisfy the final judgment and costs, and to pay reasonable rent for the premises during the time the tenant unlawfully withholds them.
What must a landlord-appellant’s bond promise?
To satisfy the final judgment and costs.
Who approves the bond or surety?
The court.
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: stay an eviction pending appeal nebraskasupersedeas bond eviction nebraskaeviction appeal bond and renthow to stop an eviction during appealeviction appeal bond thirty day deadline