Nebraska Revised Statutes
Neb. Rev. Stat. § 25-1406 (2026)
Revivor; procedure; conditional order
✓ current as of July 2026
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The revivor shall be, by a conditional order of the court if made in term, or by a judge thereof if made in vacation, that the action be revived in the names of the representatives or successor of the party who died, or whose powers ceased; and proceed in favor of or against them.
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 1959–2024 · leading case: Anderson v. Finkle, 296 Neb. 797 (Neb. 2017).
Anderson v. Finkle, 296 Neb. 797 (Neb. 2017). “” And Neb. Rev. Stat. § 25-1406 (Reissue 2016) states: The revivor shall be, by a conditional order of the court if made in term, or by a judge thereof if made in vacation, that the action be revived in the names of the representa- tives or successor of the party who died, or…”
Platte Valley Nat. Bank & Trust v. Lasen, 732 N.W.2d 347 (Neb. 2007). “See §§ 25-1406 and 25-1407. This method contemplates that a hearing will be held on the conditional order of revivor and that if "sufficient cause be not shown against the revivor, the action shall stand revived.”
Fox v. Nick, 660 N.W.2d 881 (Neb. 2003). “special administrator” and “[s]pecial administrator means a personal representative as described in sections 30-2457 to 30-2461”).”
Spradlin v. Myers, 264 N.W.2d 658 (Neb. 1978). “Did defendant, by this failure, waive its objections to the revivor, or is the defendant estopped from asserting improper revivor? Section 25-1406, R.R.S.1943, provides: "The revivor shall be, by a conditional order of the court if made in term, or by a judge thereof if made in…”
Muller v. Weeder, 986 N.W.2d 38 (Neb. 2023). “38 The Court of Appeals is, therefore, the only court with jurisdiction to revive the action, 39 and any substitution which purportedly took place in the county court after Weeder’s death was without any force and effect.”
Crossman & Hosford v. Harbison, 25 Neb. Ct. App. 849 (Neb. Ct. App. 2018). “During the pendency of the appeal, Moderow passed away and the appeal was revived in the name of Micaela Harbison, personal representative *104 of Moderow's estate, pursuant to Neb. Rev. Stat. § 25-1406 (Reissue 2016).”
Workman v. Workman, 95 N.W.2d 186 (Neb. 1959). “An amended and supplemental petition was filed and thereafter a revivor of the action was had by stipulation, to which the representative of the estate of the deceased was a party, against Clara D. Workman, executrix of the estate of the deceased.”
Linch v. Northport Irrigation Dist., 717 N.W.2d 522 (Neb. Ct. App. 2006). “Additionally, the record does not contain an order made by consent of the parties, as described by Neb. Rev. Stat. § 25-1408 (Reissue 1995), or any order reviving the cause of action pursuant to Neb.”
Platte Valley Nat'l Bank & Trust Co. v. Lasen, 732 N.W.2d 347 (Neb. 2007). “See §§ 25-1406 and 25-1407. This method contemplates that a hearing will be held on the conditional order of revivor and that if “sufficient cause be not shown against the revivor, the action shall stand revived.”
Crossman & Hosford v. Harbison, 25 Neb. Ct. App. 899 (Neb. Ct. App. 2018). “During the pendency of the appeal, Moderow passed away and the appeal was revived in the name of Micaela Harbison, personal representative of Moderow’s estate, pursu- ant to Neb. Rev. Stat. § 25-1406 (Reissue 2016).”
In re Est. of Davis (Neb. Ct. App. 2024). “On November 29, 2021, this Court issued a conditional order reviving the appeal in the names of the representatives and successors of Davis and the Davis law firm pursuant to Neb. Rev. Stat. § 25-1406 (Reissue 2016).”
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