The plaintiff may request the delivery of property as specified in section 25-1093 by filing in the office of the clerk of the court in which the action is filed an affidavit of the plaintiff or his or her agent or attorney showing (1) a description of the property claimed, (2) that the plaintiff is the owner of the property or has a special ownership or interest therein, stating the facts in relation thereto, and that he or she is entitled to the possession of the same, (3) that the property is wrongfully detained by the defendant, and (4) that it was not taken in execution on any order or judgment against such plaintiff, or for the payment of any fine, tax, or amercement assessed against him or her or by virtue of an order of delivery issued under Chapter 25, or any other mesne or final process issued against him or her, except that such affidavit may omit the first and last clause of this subdivision and, in lieu thereof, show that the property was taken on execution on a judgment or order other than an order of delivery in replevin, and that the same is exempt from such execution or attachment under the laws of this state. The provisions of Chapter 25, article 10, shall extend to and apply as well to proceedings in replevin had before county courts. Attached to such affidavit shall be a specific request for the delivery of the property and the issuance of an order by the court to that effect.
§ 25-1093.01.Request delivery of property; affidavit; contents.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1984 · Last verified July 22, 2026
In one sentenceThis section spells out what a plaintiff’s affidavit must show to request delivery of property in a replevin action — the property’s description, the plaintiff’s ownership and right to possession, wrongful detention by the defendant, and that the property was not taken through another legal process — plus a specific delivery request.
Full Text of § 25-1093.01
Source
Laws 1973, LB 474, § 2; Laws 1984, LB 13, § 38.
Plain-English Summary
Section 25-1093.01 turns the general right in section 25-1093 into a concrete filing requirement. To request delivery of the property, the plaintiff, or the plaintiff’s agent or attorney, files an affidavit with the clerk of the court where the action is pending.
The affidavit has to cover four things. First, a description of the property claimed. Second, that the plaintiff owns the property, or holds a special ownership or interest in it, along with the facts behind that claim, and that the plaintiff is entitled to possession. Third, that the defendant is wrongfully detaining the property. Fourth, that the property was not taken from the plaintiff through execution on a judgment or order against the plaintiff, for a fine, tax, or amercement assessed against the plaintiff, or under a replevin order of delivery or other process against the plaintiff — unless the plaintiff instead shows that the property was taken on some other execution or attachment but is exempt from it under Nebraska law, in which case that alternative showing replaces the fourth element.
The statute also confirms that this affidavit-and-delivery procedure applies to replevin proceedings in county court the same way it applies in district court. And the affidavit is not the whole filing: attached to it has to be a specific request asking the court to order the property delivered.
Frequently Asked Questions
What four things must the affidavit show?
A description of the property, the plaintiff’s ownership or interest and right to possession, wrongful detention by the defendant, and that the property was not taken through certain other legal processes against the plaintiff.
What if my property was taken on a different execution but is exempt from it?
The affidavit can show that instead, in place of the standard fourth element.
Who can sign the affidavit?
The plaintiff, or the plaintiff’s agent or attorney.
Does this procedure apply in county court replevin cases?
Yes. The provisions of Chapter 25, article 10, extend to and apply as well to proceedings in replevin before county courts.
Is the affidavit by itself enough to get the property delivered?
No. A specific request for delivery of the property and for the court to issue an order to that effect must be attached to the affidavit.
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: replevin affidavit requirements nebraskaaffidavit for delivery of property nebraskawrongful detention affidavit replevin25-1093.01 affidavit contentscounty court replevin nebraska