When a party requests immediate possession of personal property an affidavit shall be filed stating:
Rule 99.03.Affidavit to Obtain Immediate Possession of Property.
Part III · Rule 99: Replevin · Last amended December 1, 1977 · Last verified July 22, 2026
In one sentenceRule 99.03 requires a party seeking immediate possession of personal property before trial to file an affidavit describing the property, showing entitlement to possess it, stating its value, confirming it isn't already under legal seizure, and explaining the risk of losing it.
Full Text of Rule 99.03
(a) The description of the property;
(b) Facts showing the party is entitled to the possession of the property;
(c) The actual value of the property;
(d) The property has not been seized under any legal process;
(e) The party is in danger of losing the property unless immediate possession is obtained or the property is otherwise secured.
Amendment History
Adopted April 4, 1977, eff. Dec. 1, 1977.
Official Comment
The source is prior Rule 99.02. Paragraph (b) requiring facts to be stated showing that the party is entitled to the possession of the property is new.
Plain-English Summary
A replevin plaintiff who wants the property back right away, instead of waiting for trial, has to earn that head start with a sworn affidavit. Rule 99.03 lists exactly what the affidavit must cover: a description of the property, facts showing the party’s right to possess it, the property’s actual value, confirmation that it hasn’t already been taken under some other legal process, and an explanation of why immediate possession or other protection is needed to avoid losing it.
The requirement that the affidavit state facts — not just a bare claim of entitlement — is the piece that distinguishes this rule from its predecessor. A court reviewing the affidavit needs enough detail to judge whether the plaintiff has the better claim to the property, not just an assertion that says so.
This affidavit is the trigger for everything that follows in Rule 99: a court that finds the affidavit’s facts sufficient can issue an order of delivery under Rule 99.04, which sets the bond and sheriff process in motion. Get the affidavit wrong or thin, and the court has no basis to order the property seized before trial.
Frequently Asked Questions
What must a Rule 99.03 affidavit include?
A description of the property, facts showing the party’s right to possess it, its actual value, confirmation it hasn’t been seized under other legal process, and the reason immediate possession or protection is needed.
Why does the affidavit need to state facts about entitlement, not just a conclusion?
Because the court must be able to judge, from the facts given, whether the party has a right to possess the property superior to the current holder’s.
What happens after the affidavit is filed?
The court reviews it and, if the facts show a right to immediate possession, may issue an order of delivery under Rule 99.04.
Why does the affidavit have to say the property hasn't been seized under other legal process?
To avoid conflicting seizures — the court needs to know no other officer already holds the property under a separate legal claim.
What if the affidavit doesn't explain the risk of losing the property?
Without that showing, the affidavit is incomplete, and the court has no basis to find the party entitled to immediate, prejudgment possession.
Does the affidavit have to state the property's value?
Yes. The actual value of the property is one of the required elements, and it later shapes the bond amounts under Rules 99.06 and 99.07.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: replevin affidavit Missouriaffidavit for immediate possessionprejudgment possession affidavitrequirements for replevin affidavitsworn statement to seize property