The revivor shall be, by a conditional order of the court if made in term, or by a judge thereof if made in vacation, that the action be revived in the names of the representatives or successor of the party who died, or whose powers ceased; and proceed in favor of or against them.
§ 25-1406.Revivor; procedure; conditional order.
Article 14: Revivor and Survival of Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceRevivor of an action happens through a conditional order, entered by the court if made during term or by a judge if made in vacation, directing that the action be revived in the names of the deceased or displaced party’s representatives or successor.
Full Text of § 25-1406
Source
R.S.1867, Code § 459, p. 470; R.S.1913, § 8027; C.S.1922, § 8968; C.S.1929, § 20-1406; R.S.1943, § 25-1406.
Plain-English Summary
Section 25-1406 describes the instrument that accomplishes revivor under § 25-1405: a conditional order. If the order is made while the court is in term, the court enters it. If it is made in vacation, meaning outside a formal court term, a judge may enter it instead. Either way, the order directs that the action be revived in the names of the representatives or successor of the party who died, or whose powers as personal representative ceased, and that the case proceed in favor of or against them going forward.
The order is “conditional” because it does not necessarily take effect the moment it is signed. Section 25-1408 explains that an order made by consent of the parties revives the action immediately, but an order made without consent has to be served on the adverse party, giving that party a chance to show cause against the revivor before it becomes final. Section 25-1407 addresses who may bring the motion that leads to this order, and § 25-1409 covers service by publication when direct service is not possible.
Read together, §§ 25-1406 through 25-1409 form the operative sequence for reviving a case before judgment: a motion is made, a conditional order issues naming the representative or successor, that order is served (or served by publication in specific circumstances), and, absent sufficient cause shown against it, the action stands revived.
Frequently Asked Questions
What is a “conditional order” of revivor?
It is the court’s or judge’s order directing that the action be revived in the names of the deceased or displaced party’s representatives or successor. It is conditional because, absent consent, it must be served and can be contested before the revivor becomes final.
Who enters the order — a judge or the full court?
The court enters it if made in term; a judge of the court may enter it if made in vacation, meaning when the court is not in a formal session.
Does the order name the specific people the action is revived in favor of or against?
Yes. Under § 25-1407, the names and capacities of the representatives or successor are stated in the order itself.
Does the conditional order take effect immediately?
It depends on consent. Section 25-1408 states that an order made by consent revives the action forthwith; one made without consent must be served, and the action stands revived only if sufficient cause is not shown against it.
Who can ask the court to enter this order?
Section 25-1407 allows the motion to come from the adverse party or from the representatives or successor of the party who died or whose powers ceased.
What happens if the representatives or successor cannot be found to serve the order?
Section 25-1409 provides for notice by publication in specified circumstances, such as when the representatives are nonresidents, are avoiding service, or their names and residences are unknown.
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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