Requests for temporary restraining orders or preliminary injunctive relief found in
a pleading shall not be considered by the Court unless asserted in a separate
motion and supported by a separate brief and index of evidence as provided in
NECivR 7.1(a).
65.1.1 Security; Proceedings Against Sureties.
(a) General Requirements.
The principal obligor and one or more sureties qualified as stated in this rule
must execute a bond, recognizance, or other undertaking required by law
or court order in any proceeding.
(b) Unacceptable Sureties.
An attorney in a case, the attorney's spouse or employee, a party to a case,
and the party's spouse may not act as a surety on a bond or other
undertaking in a civil case.
(c) Corporate Surety.
A corporate surety upon any undertaking in which the United States is the
obligee must be qualified under 31 U.S.C. §§ 9301-9309 and approved by
the Secretary of the Treasury of the United States. The parties may consult
with the clerk to confirm that a surety is qualified. In all other instances, a
corporate surety qualified to write bonds in the State of Nebraska is an
acceptable surety. In all cases, a power of attorney showing the authority of
Effective December 1, 2025 Nebraska Civil Rules
the agent signing the bond must be attached to the bond.
(d) Personal Surety.
Persons competent to convey real estate who own land in the State of
Nebraska of an unencumbered value of at least the stated penalty of the
bond may obtain consideration for qualification as a surety by attaching an
acknowledged justification showing:
(1) a legal description of the real estate;
(2) a complete list of all encumbrances and liens on the real estate;
(3) market value based on recent sales of like property;
(4) a waiver of inchoate rights of any character and certification that the
real estate is not exempt from execution; and
(5) certification for the aggregate amount of the penalties of any other
subsisting undertakings assured by the bondsman as of that date.
The judge before whom the proceeding is pending approves or disapproves
the surety after reviewing the justification and certifications.
(e) Cash Bonds.
Cash bonds may be deposited into the court's registry only upon execution
and filing of a written bond (1) sufficient in form and (2) stating the bond's
conditions. Withdrawal of cash bonds so deposited may not be made except
upon a written court order.
(f) Cost Bonds.
The court on motion or its own initiative may order a party to file an original
bond for costs or additional security for costs in an amount and under
conditions designated in the order.
(g) Insufficiency; Remedy.
An opposing party may object to a bond's form or timeliness or the
sufficiency of the surety. If a bond is found to be insufficient, the judge may
order that a sufficient bond be filed within a stated time. If the party required
to file the bond does not comply, the judge may dismiss the case for want
of prosecution or take other appropriate action.
Effective December 1, 2025 Nebraska Civil Rules
