§ 25-1407.Revivor; procedure; motion.

Article 14: Revivor and Survival of Actions · Not amended since original codification · Last verified July 22, 2026

In one sentenceThe revivor order under § 25-1406 may be made on motion of either the adverse party or the representatives or successor of the deceased or displaced party, suggesting the death or cessation of powers, and the motion states the names and capacities of the representatives or successor.

Full Text of § 25-1407

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The order may be made on the motion of the adverse party, or of the representatives or successor of the party who died, or whose powers ceased, suggesting his death or the cessation of his powers, which, with the names and capacities of his representatives or successor, shall be stated in the order.

Source

R.S.1867, Code § 460, p. 470; R.S.1913, § 8028; C.S.1922, § 8969; C.S.1929, § 20-1407; R.S.1943, § 25-1407.

Plain-English Summary

Section 25-1407 identifies who can start the revivor process described in § 25-1406. Two categories of movant may bring it: the party adverse to the one who died or lost representative status, or the representatives or successor of that party themselves. Either side has an interest in getting the case back on track, and either may act.

The motion itself has to do more than ask for revivor in general terms. It must suggest — that is, formally state — the death of the party or the cessation of that party’s powers as personal representative. It must also identify, by name and capacity, the representatives or successor in whose name the action would proceed. Section 25-1406 then requires that the resulting order likewise state those names and capacities, so the record clearly reflects who stands in the case going forward.

This section works alongside §§ 25-1408 and 25-1409 on what happens after the motion is made. If the order is entered by consent, the action revives immediately under § 25-1408. If not, the order must be served on the party adverse to the one who moved, and that party has a chance to show cause against the revivor before it takes final effect.

Frequently Asked Questions

Who can move to revive an action after a party dies?

Either the adverse party or the representatives or successor of the party who died, or whose powers as personal representative ceased, may bring the motion.

What must the motion state?

It must suggest the death of the party or the cessation of that party’s representative powers, and it must state the names and capacities of the representatives or successor.

Does the party who caused the death or triggered the cessation have to be the one who moves?

No. Section 25-1407 does not tie the right to move to fault or cause; it allows either the adverse party or the representatives or successor to bring the motion.

What happens after the motion is filed?

The court or a judge may enter the conditional order described in § 25-1406, which then must be served under § 25-1408, or by publication under § 25-1409 if direct service is not possible.

Is there a deadline for bringing this motion?

Sections 25-1413 and 25-1414 set time limits tied to when the revivor order could first have been made, generally requiring consent of the other side once a year has passed.

Does the motion by itself revive the action?

No. The motion leads to a conditional order under § 25-1406. Whether the action stands revived immediately or only after service and an opportunity to show cause depends on whether the order is made by consent, as described in § 25-1408.

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: motion to revive action nebraskawho can move for revivorsuggesting death on the recordnames capacities of successor