The return day for the order of delivery shall be twenty days after its issuance unless a later date is specified in the order of delivery, in which case the return date shall be the date specified in the order of delivery.
§ 25-1096.Order for delivery; when returnable.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 2012 · Last verified July 22, 2026
In one sentenceThis section sets the deadline for the sheriff to make return on a delivery order at twenty days after issuance, unless the order itself specifies a later date, in which case that later date controls.
Full Text of § 25-1096
Source
R.S.1867, Code § 184, p. 422; R.S.1913, § 7825; C.S.1922, § 8769; C.S.1929, § 20-1096; R.S.1943, § 25-1096; Laws 1973, LB 474, § 7; Laws 2012, LB734, § 1.
Plain-English Summary
This is a short, mechanical section, but it answers a question every delivery order needs answered: how long does the sheriff have? The default is twenty days from the date the order issues. If the court’s order names a later date instead, that later date takes over as the return day.
The rule gives structure to what would otherwise be an open-ended assignment. Without a return day, there would be no clear point at which the court, the plaintiff, or the defendant could ask what happened to the order — whether the sheriff found the property, delivered it, or came up empty.
Frequently Asked Questions
How many days does the sheriff have to return a delivery order?
Twenty days after the order issues, unless the order specifies a later date.
Can a court set a return date longer than twenty days?
Yes. The order can specify a later date, and that later date controls instead of the twenty-day default.
What does “return” mean in this context?
It means the sheriff reports back to the court on what was done with the order — whether the property was taken and delivered.
Does this section apply to every delivery order in a replevin case?
Yes, it sets the general return timeline for orders for delivery of property described in the surrounding sections.
What happens if the return date passes without the sheriff finding the property?
The sections that follow address failures to furnish a bond and related consequences, but this section itself only fixes the return deadline.
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 order return deadlinetwenty days sheriff return nebraskawhen must sheriff return delivery orderreplevin order returnable date