Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-1408 (2026)

Revivor; procedure; service of order; order by consent

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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If the order is made by consent of the parties, the action shall forthwith stand revived; and if not made by consent, the order shall be served in the same manner, and returned within the same time, as a summons, upon the party adverse to the one making the motion, and if sufficient cause be not shown against the revivor, the action shall stand revived.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1978–2025 · leading case: Spradlin v. Myers, 264 N.W.2d 658 (Neb. 1978).
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Spradlin v. Myers, 264 N.W.2d 658 (Neb. 1978). · cites it 6× “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 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…”
Platte Valley Nat. Bank & Trust v. Lasen, 732 N.W.2d 347 (Neb. 2007). “" See § 25-1408. Section 25-322 provides the alternate and independent method by which an action may be revived.”
Fox v. Nick, 660 N.W.2d 881 (Neb. 2003). “There is no motion “suggesting” the death of Radii per § 25-1407, no conditional order of revivor per § 25-1406, and nothing to suggest any revivor based upon the consent of the parties per § 25-1408.”
Muller v. Weeder, 986 N.W.2d 38 (Neb. 2023). “, supra note 37. 39 See id. 40 See id. 41 See § 25-1407.”
Johnson v. Antoniutti, 16 N.W.3d 864 (Neb. 2025). · cites it 2× “ANTONIUTTI In chart form, the critical dates are as follows: May 24, 2019 The motor vehicle accident occurs.”
Linch v. Northport Irrigation Dist., 717 N.W.2d 522 (Neb. Ct. App. 2006). · cites it 2× “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 § 25-1408. Section 25-322 provides the alternate and independent method by which an action may be revived.”
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