Should the delay occasioned by the giving of the notice provided for in section 25-1082 be hazardous to the rights of any party, the court or judge may, by order, direct the sheriff of the county in which such action is pending to take temporary possession of the property, and shall appoint an early day for the hearing of the application, and if at such hearing the application is refused, restitution shall be made of the property to the party from whom the same was taken.
§ 25-1083.Property; possession by sheriff; when authorized; restitution.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceIf waiting out the notice period required for a receiver hearing would put property at risk, this section lets the court order the sheriff to take temporary possession of it right away, set an early hearing date, and return the property if the court ultimately denies the receiver application.
Full Text of § 25-1083
Source
R.S.1867, Code § 268, p. 438; R.S.1913, § 7812; C.S.1922, § 8756; C.S.1929, § 20-1083; R.S.1943, § 25-1083.
Plain-English Summary
Section 25-1083 answers the problem section 25-1082 creates: what happens if the property will be gone, damaged, or dissipated before the notice period runs? When the delay from giving notice would be hazardous to a party’s rights, the court or judge can order the sheriff of the county where the action is pending to take temporary possession of the property immediately.
That emergency step comes with two built-in safeguards. First, the court must set an early hearing date on the receiver application rather than letting the temporary possession drag on without a prompt check. Second, if the court refuses the application at that hearing, the property goes back — restitution is made to the party it was taken from.
Frequently Asked Questions
When can the sheriff take temporary possession of property before a receiver hearing?
When the delay caused by giving the notice required under section 25-1082 would be hazardous to the rights of a party.
Does the court still have to hold a hearing after the sheriff takes possession?
Yes. The court must appoint an early day for hearing the application.
What happens if the receiver application is denied after the sheriff has taken the property?
Restitution is made of the property to the party from whom it was taken.
Who orders the sheriff to take temporary possession?
The court or judge, by order.
Is this a substitute for the notice-and-hearing process in section 25-1082?
No. It is an emergency measure that runs alongside an early hearing, not a way to skip the hearing itself.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: emergency receiver nebraskasheriff take possession before hearingtemporary possession pending receiver hearing25-1083 restitution of propertyhazardous delay receiver nebraska