An order for the delivery of personal property to the plaintiff shall be made by the clerk of the court in which the action is brought only upon the filing in his office of an order of the court showing (1) a description of the property claimed; (2) that the plaintiff has raised a bona fide issue as to whether he is the owner of the property, or whether he has a special ownership or interest therein, but that it appears sufficiently probable to the court that the plaintiff will prevail on the merits; and (3) that there is a bona fide issue as to whether the property is wrongfully detained by the defendant and that the plaintiff is entitled to the immediate delivery of the property.
§ 25-1094.Order for delivery; contents.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1973 · Last verified July 22, 2026
In one sentenceThis section tells the clerk not to issue a delivery order for personal property unless the plaintiff has first filed a court order describing the property and showing a bona fide, probably-winning claim of ownership or special interest along with a bona fide claim of wrongful detention.
Full Text of § 25-1094
Source
R.S.1867, Code § 182, p. 421; Laws 1877, § 1, p. 9; R.S.1913, § 7823; C.S.1922, § 8767; C.S.1929, § 20-1094; R.S.1943, § 25-1094; Laws 1972, LB 1032, § 128; Laws 1973, LB 474, § 6.
Plain-English Summary
Before the clerk can put a delivery order into motion, this section requires a filing that does three specific things. First, it has to describe the property being claimed — precise enough that everyone, including the sheriff who eventually takes it, knows what is at stake. Second, it has to show the court that the plaintiff has raised a genuine, or “bona fide,” question about ownership or some special interest in the property, and that it looks sufficiently probable the plaintiff will win on that question. Third, it has to show a genuine dispute over whether the defendant is wrongfully holding the property and that the plaintiff is entitled to get it back right away.
Notice what this section does not require: a final ruling that the plaintiff owns the property. It asks only for a probability finding at this early stage — enough to justify moving the property before trial, not a verdict on the merits. That is a lower bar than final judgment, but it is still a real screening step, meant to keep the delivery order from issuing on a bare accusation.
This section works as a checklist for the court order that § 25-1093.04 requires after the hearing. The clerk is not free to act on a plaintiff’s say-so alone; the clerk needs the judge’s order, and that order needs to hit all three of these points.
Frequently Asked Questions
What three things must the court’s order show before a delivery order can issue?
A description of the property claimed, a bona fide and sufficiently probable claim that the plaintiff owns it or has a special interest in it, and a bona fide claim that the defendant is wrongfully detaining it.
Does the plaintiff have to prove ownership beyond doubt at this stage?
No. The section only requires that it appear sufficiently probable the plaintiff will prevail on the merits, not a final determination of ownership.
Who issues the delivery order once these findings are made?
The clerk of the court where the action is filed, based on the court’s order.
What other interest besides full ownership can support a delivery order?
A special ownership or interest in the property, short of full title, as long as the plaintiff raises a genuine issue about it.
Does this section address how the order gets to the sheriff?
No. That is covered by § 25-1095, which sets what the sheriff-directed order itself must state.
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: contents of replevin delivery orderbona fide claim ownership replevinwhat must a replevin order showspecial ownership interest replevinplaintiff entitled to immediate delivery