The order for the delivery of the property to the plaintiff shall be addressed and delivered to the sheriff. It shall state the names of the parties, the court in which the action is brought, and command the sheriff to take the property, describing it, and deliver it to the plaintiff, and to make return of the order on a day to be named therein.
§ 25-1095.Order for delivery; contents.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section specifies what the order sent to the sheriff must include: the names of the parties, the court where the case is pending, a description of the property, an instruction to take and deliver it to the plaintiff, and a date for the sheriff to report back.
Full Text of § 25-1095
Source
R.S.1867, Code § 183, p. 422; R.S.1913, § 7824; C.S.1922, § 8768; C.S.1929, § 20-1095; R.S.1943, § 25-1095.
Plain-English Summary
Once the earlier findings under § 25-1094 are in place, this section addresses the document the sheriff physically receives. It is addressed and delivered to the sheriff, and it has to state the names of the parties and identify the court in which the action was filed — basic information tying the order to a specific case.
Beyond identification, the order carries the actual instruction: it commands the sheriff to take the described property and deliver it to the plaintiff. That command has to include a description of the property, so the sheriff knows what to seize and is not left guessing at the courthouse door. And the order has to name a day for the sheriff to make return — that is, to report back to the court on what was done.
Read together with § 25-1096, which fixes the return day at twenty days unless the order specifies otherwise, this section and its neighbor create the paperwork that turns a court’s finding into an officer’s marching orders.
Frequently Asked Questions
To whom is the order for delivery of property addressed?
The sheriff.
What information must appear in the order besides a description of the property?
The names of the parties and the court in which the action is brought.
What is the sheriff instructed to do under this order?
Take the described property and deliver it to the plaintiff.
Does the order have to set a date for the sheriff to respond to the court?
Yes. It has to name a day on which the sheriff makes return of the order.
How is that return date determined?
Section 25-1096 sets it at twenty days after issuance unless the order specifies a later date.
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: what goes in a replevin delivery ordersheriff order contents nebraskaorder commanding sheriff to take propertyreplevin order return dayorder addressed to sheriff replevin