If filed at the commencement of suit, such affidavit and request for delivery and such temporary order containing the notice of hearing shall be served by the sheriff or other officer with the summons. If filed after the commencement of suit but before answer, they shall be served separately from the summons, but as soon after their filing and issuance as practicable. The summons shall be served within three days, excluding nonjudicial days, after the date of issuance.
§ 25-1093.03.Affidavit; temporary order; notice; hearing; summons; service.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 2021 · Last verified July 22, 2026
In one sentenceThis section sets how and when the replevin affidavit, delivery request, and temporary order get served on the defendant — with the summons if filed at the start of the case, separately and promptly if filed later — and requires the summons itself to be served within three judicial days of issuance.
Full Text of § 25-1093.03
Source
Laws 1973, LB 474, § 4; Laws 2021, LB355, § 2.
Plain-English Summary
Section 25-1093.03 addresses timing and delivery for the paperwork sections 25-1093.01 and 25-1093.02 created. If the plaintiff files the replevin affidavit and request for delivery when the suit begins, the sheriff or other serving officer serves the affidavit, the request, and the temporary order, along with its hearing notice, together with the summons.
If the plaintiff instead files them after the suit has started but before the defendant answers, they go out separately from the summons — served as soon after their filing and issuance as practicable, rather than waiting for some later summons-service event.
The section closes with a tight clock on the summons itself: it has to be served within three days of the date it was issued, not counting nonjudicial days. That keeps the case moving quickly once a replevin request is on file, consistent with the fast-turnaround hearing schedule section 25-1093.02 sets.
Frequently Asked Questions
How is the replevin paperwork served if I request delivery when I file suit?
Together with the summons, served by the sheriff or other officer.
What if I request delivery after the suit is already filed but before answer?
The affidavit, request, and temporary order are served separately from the summons, as soon after their filing and issuance as practicable.
How quickly must the summons be served after it is issued?
Within three days, excluding nonjudicial days.
Does this section change who serves the papers?
No. Service is by the sheriff or other officer, consistent with how summons and process are otherwise served.
Why does prompt service matter here?
It keeps the case moving toward the hearing on the plaintiff’s right to possession that section 25-1093.02 requires within seven to fourteen days of service.
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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