If the court finds at such hearing that the plaintiff is entitled to possession of the property, it shall order the clerk to issue an order for delivery of the property to the plaintiff, and deliver such order for delivery to the sheriff or other officer to be served and returned according to sections 25-1096 and 25-1097. The order of the court required by this section shall conform to the content requirements of section 25-1094.
§ 25-1093.04.Order for delivery of property.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1973 · Last verified July 22, 2026
In one sentenceAfter a hearing, if the court finds the plaintiff is entitled to possession, this section requires the clerk to issue an order for delivery of the property and directs it to the sheriff for service, and it ties that order’s contents to the requirements of § 25-1094.
Full Text of § 25-1093.04
Source
Laws 1973, LB 474, § 5.
Plain-English Summary
This section marks the hinge point in a replevin case: the court has already held a hearing on whether the plaintiff should get the disputed property before trial, and it has decided in the plaintiff’s favor. Once the court makes that finding, it does not leave the next step to chance. It orders the clerk to issue a formal order for delivery of the property and hands that order to the sheriff, or another officer, to carry out and report back on.
The section also cross-references two other rules that shape what happens next. The delivery order has to be served and returned the way §§ 25-1096 and 25-1097 describe — meaning there is a set return date and a set method for the sheriff to take the property and notify the person who has it. And the order itself has to meet the content requirements laid out in § 25-1094, so the paperwork that reaches the sheriff is not a blank check — it has to describe the property and recite the findings the court has just made.
In practical terms, this section is the mechanical trigger. The court’s finding of entitlement does not move the property by itself; it has to be translated into a written order, routed through the clerk, and handed to the officer who will act on it.
Frequently Asked Questions
What has to happen before a court can order delivery of property under this section?
The court must first hold a hearing and find that the plaintiff is entitled to possession of the property before it directs the clerk to issue a delivery order.
Who carries out the delivery order?
The clerk issues it, but the sheriff or another officer serves it and returns it to the court.
Does the delivery order under this section have its own separate content requirements?
No. It has to conform to the same content requirements set out in § 25-1094 for delivery orders generally.
What governs when the sheriff has to return this order to the court?
Does this section apply before or after the plaintiff has posted a bond?
This section covers the court’s finding and the issuing of the order itself; the plaintiff’s bond requirement before actual delivery is addressed separately in § 25-1098.
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 hearing order nebraskaorder for delivery of property after hearingcourt finds plaintiff entitled to possessionclerk issues delivery order replevinsheriff order to deliver property