Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1976 · Last verified July 22, 2026
In one sentenceAfter a replevin affidavit and request are filed, this section lets an informed defendant waive notice and hand over the property immediately, or else requires the court to issue a temporary order to hold the property unchanged and set a hearing — seven to fourteen days after service — on the plaintiff’s right to possession.
Full Text of § 25-1093.02
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Upon the filing of such affidavit and request for delivery, if the defendant with full knowledge of the allegations and effect of the plaintiff's request agrees that such delivery in replevin be had, he may execute a voluntary, intelligent, and knowing waiver under oath of his rights to notice and hearing, in which event the court shall order that all further proceedings shall be suspended and the property being replevied delivered to the plaintiff forthwith, otherwise upon the filing of such affidavit and request for delivery required by section 25-1093.01, the court shall issue a temporary order addressed to the defendant that he shall hold the property described in the affidavit in his possession, unimpaired and unencumbered, and in all respects in the same state and condition as at the time of receipt of the order, until further order of the court. The temporary order shall also notify such defendant that if he fails to comply with the temporary order he shall be subject to the full contempt powers of the court. Attached to such temporary order shall be a notice that a hearing will be had and specifying the date, time, and place of such hearing, at which hearing will be determined plaintiff's right to
possession of the goods described in plaintiff's affidavit and request for delivery, pending final determination of the merits. At such hearing the defendant shall be required to show cause why the possession of the goods should not be delivered to the plaintiff. Unless otherwise determined and ordered by the court, the date of such hearing shall be seven days after service of the order upon the defendant, but in no event later than fourteen days after service.
Source
Laws 1973, LB 474, § 3; Laws 1976, LB 859, § 1.
Plain-English Summary
Once the affidavit and request for delivery required by section 25-1093.01 are on file, section 25-1093.02 describes two paths forward. The first is voluntary: if the defendant, with full knowledge of what the plaintiff is asking for and what it means, agrees under oath — knowingly, intelligently, and voluntarily waiving the right to notice and a hearing — the court can order all further proceedings suspended and the property delivered to the plaintiff right away.
Absent that waiver, the court issues a temporary order instead. That order tells the defendant to hold the described property in the defendant’s possession, unimpaired, unencumbered, and in the same condition it was in when the order was received, until the court says otherwise. The order warns the defendant that ignoring it exposes the defendant to the court’s full contempt powers.
The temporary order comes with a notice attached, setting the date, time, and place of a hearing where the court will decide the plaintiff’s right to possession pending a final decision on the merits. At that hearing, the defendant has to show cause why the property should not go to the plaintiff. Unless the court sets a different date, that hearing happens seven days after the defendant is served with the order — but never later than fourteen days after service.
Frequently Asked Questions
Can a defendant hand over the property without a hearing?
Yes, if the defendant knowingly, intelligently, and voluntarily waives the right to notice and a hearing under oath, with full knowledge of the allegations and effect of the plaintiff’s request.
What does the temporary order require the defendant to do?
Hold the property described in the affidavit in the defendant’s possession, unimpaired, unencumbered, and unchanged, until the court orders otherwise.
What happens if the defendant ignores the temporary order?
The defendant becomes subject to the full contempt powers of the court.
How soon after service is the hearing on the plaintiff’s right to possession held?
Seven days after service, unless the court sets a different date, but no later than fourteen days after service.
What does the court decide at that hearing?
The plaintiff’s right to possession of the property pending the final outcome of the case, with the defendant required to show cause why possession should not go to the plaintiff.
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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