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

Neb. Rev. Stat. § 25-1408 (2026)

Revivor; procedure; service of order; order by consent

✓ current as of July 2026
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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). “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.”
Johnson v. Antoniutti, 318 Neb. 465 (Neb. 2025). · cites it 2× “The special administrator entered a voluntary appearance that same day, expressly reserving “all defenses and the right to further plead” in response to the amended complaint.”
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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