If the court finds that the facts stated in the affidavit show that the party has the right to immediate possession an order shall be issued directing the sheriff to take possession of the property and deliver it to the party upon compliance with Rule 99.06.
Rule 99.04.Order of Delivery.
Part III · Rule 99: Replevin · Last amended December 1, 1977 · Last verified July 22, 2026
In one sentenceRule 99.04 directs the court, once it finds the affidavit shows a right to immediate possession, to issue an order directing the sheriff to take the property and deliver it to the party after the delivery bond required by Rule 99.06 is satisfied.
Full Text of Rule 99.04
Amendment History
Adopted April 4, 1977, eff. Dec. 1, 1977.
Official Comment
The source is prior Rule 99.02. There is a change in that prior Rule 99.02 allowed the clerk to make the order and also provided that the filing of the affidavit required the order of delivery to be made while this rule provides that the court must make a finding concerning the facts stated in the affidavit before issuing the order.
Plain-English Summary
Rule 99.03 tells a party what to put in the affidavit. Rule 99.04 tells the court what to do with it. The court must review the affidavit and find that its facts show a right to immediate possession before an order of delivery can issue — the affidavit alone doesn’t automatically trigger a seizure.
That judicial finding is a meaningful safeguard. Under an earlier version of this rule, the clerk could issue the order, and filing the affidavit alone was enough to set the process moving. Rule 99.04 puts a judge, not a clerk, in charge of deciding whether the facts justify taking property from someone before the case is decided.
Once the court makes that finding, the order goes to the sheriff, who takes possession of the property and delivers it to the party who filed the affidavit — but only after the delivery bond required by Rule 99.06 is in place. The bond and the order work together: the order gets the sheriff moving, and the bond protects the defendant if the claim later turns out to be wrong.
Frequently Asked Questions
Who decides whether to issue an order of delivery?
The court, not the clerk. The judge must find that the facts in the affidavit show a right to immediate possession.
What does the order of delivery direct the sheriff to do?
To take possession of the described property and deliver it to the party who filed the affidavit, once the required bond is satisfied.
Can the property be delivered before the bond is filed?
No. Rule 99.04 conditions delivery on compliance with the bond requirement in Rule 99.06.
How is this different from the older version of the rule?
Earlier practice let the clerk issue the order automatically once the affidavit was filed. This rule requires a judicial finding on the facts first.
What if the court doesn't find the affidavit's facts sufficient?
No order of delivery issues, and the plaintiff must wait for the outcome of the case on the merits, or pursue a hearing under Rule 99.09.
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: order of delivery Missouri replevinsheriff takes possession of propertycourt order to seize propertyprejudgment order replevin