If a complainant desires the appointment of a receiver at the commencement of the action, the complainant shall request such appointment in the complaint. If the occasion for a receiver arises while the suit is pending, the application shall be made by a motion setting forth the facts and circumstances making such appointment necessary or proper.
§ 25-1085.Application; form; content.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section tells a plaintiff how to ask for a receiver — request it directly in the complaint if wanted at the start of the case, or file a motion laying out the facts making the appointment necessary if the need arises after the suit is already pending.
Full Text of § 25-1085
Source
R.S.1867, Code § 270, p. 438; R.S.1913, § 7814; C.S.1922, § 8758; C.S.1929, § 20-1085; R.S.1943, § 25-1085; Laws 2002, LB 876, § 23.
Plain-English Summary
Section 25-1085 sets the paperwork path for asking a Nebraska court to appoint a receiver. A complainant who wants a receiver from the outset has to say so in the complaint itself — the request is folded into that initial pleading rather than filed as a separate document at that stage.
If the need for a receiver becomes apparent only after the suit is already underway, the complainant applies by motion instead, and that motion has to set out the facts and circumstances making the appointment necessary or proper. Either way, the application has to explain why a receiver is warranted, not just ask for one.
Frequently Asked Questions
How do I ask for a receiver when I first file my lawsuit?
Request it in the complaint itself.
What if I realize I need a receiver after the case has already started?
File a motion setting out the facts and circumstances that make the appointment necessary or proper.
Does this section decide whether the court will grant the receiver request?
Is a bare request enough, or do I need to explain the facts behind it?
A motion filed after the suit begins must set out the facts and circumstances making the appointment necessary or proper.
Can a request for a receiver be added after the complaint is filed without a separate motion?
Section 25-1085 ties the complaint route to the commencement of the action; once the suit is pending, the statute directs the complainant to the motion route instead.
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
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