Nebraska Revised Statutes

Neb. Rev. Stat. § 25-1093.02 (2026)

Affidavit; filing; service; temporary order; effect; hearing; when

✓ current as of July 2026

Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Upon the filing of such affidavit and request for delivery, if the defendant with full knowledge of the allegations and effect of the plaintiff's request agrees that such delivery in replevin be had, he may execute a voluntary, intelligent, and knowing waiver under oath of his rights to notice and hearing, in which event the court shall order that all further proceedings shall be suspended and the property being replevied delivered to the plaintiff forthwith, otherwise upon the filing of such affidavit and request for delivery required by section 25-1093.01, the court shall issue a temporary order addressed to the defendant that he shall hold the property described in the affidavit in his possession, unimpaired and unencumbered, and in all respects in the same state and condition as at the time of receipt of the order, until further order of the court. The temporary order shall also notify such defendant that if he fails to comply with the temporary order he shall be subject to the full contempt powers of the court. Attached to such temporary order shall be a notice that a hearing will be had and specifying the date, time, and place of such hearing, at which hearing will be determined plaintiff's right to possession of the goods described in plaintiff's affidavit and request for delivery, pending final determination of the merits. At such hearing the defendant shall be required to show cause why the possession of the goods should not be delivered to the plaintiff. Unless otherwise determined and ordered by the court, the date of such hearing shall be seven days after service of the order upon the defendant, but in no event later than fourteen days after service.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1982–2023 · leading case: Fuel Expl., Inc. v. Novotny, 374 N.W.2d 838 (Neb. 1985).

Sort: Relevance Newest Treatment

Fuel Expl., Inc. v. Novotny, 374 N.W.2d 838 (Neb. 1985). · cites it 4× “Following the hearing required by Neb. Rev.Stat. § 25-1093.02 (Reissue 1979), the trial court found that Fuel Exploration was entitled to possession of the equipment and ordered its delivery to Fuel Exploration pursuant to Neb.”

Lewis Serv. Ctr., Inc. v. Mack Fin. Corp., an Ohio Corp., 696 F.2d 66 (8th Cir. 1982). · cites it 2× “In conjunction with this petition, Mack requested the court to enter a temporary order pursuant to Neb.Rev. Stat. § 25-1093.02 which requires the de *68 fendant in the replevin action to hold the property “unimpaired and unencumbered” until a hearing which must take place within…”

Volvo Fin. Servs. v. Centur Inc. Exp. (D. Neb. 2023). · cites it 4× “: (1) Roberts’s Motion for Dismissal [of] One of the Defendants – Cornerstone Storage LLC, Filing 27; (2) Roberts’s Motion for Continuance Pending Motion for Dismissal in Nebraska District Court, Filing 28; and (3) Roberts’s Motion to Dismiss the Case and Return Improperly…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.