If the order is made by consent of the parties, the action shall forthwith stand revived; and if not made by consent, the order shall be served in the same manner, and returned within the same time, as a summons, upon the party adverse to the one making the motion, and if sufficient cause be not shown against the revivor, the action shall stand revived.
§ 25-1408.Revivor; procedure; service of order; order by consent.
Article 14: Revivor and Survival of Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceA revivor order made by consent of the parties revives the action immediately; one made without consent must be served like a summons on the adverse party, and the action stands revived unless sufficient cause is shown against it.
Full Text of § 25-1408
Source
R.S.1867, Code § 461, p. 470; R.S.1913, § 8029; C.S.1922, § 8970; C.S.1929, § 20-1408; R.S.1943, § 25-1408.
Plain-English Summary
Section 25-1408 explains what happens once a revivor order under § 25-1406 has been entered. The path forward splits on one question: did the parties consent to the order? If the order was made by consent, the action stands revived immediately — no further service or waiting period is required. Consent short-circuits the rest of the process.
Without consent, more has to happen before revivor is final. The order must be served on the party adverse to the one who moved for it, in the same manner and returned within the same time as a summons. That gives the adverse party formal notice and a defined window to respond. If that party does not show sufficient cause against the revivor, the action stands revived at the end of that process, just as it would have if the parties had consented from the start.
This section supplies the default service mechanism. Section 25-1409 provides an alternative — service by publication — for the specific situation where the representatives to be served cannot be reached by ordinary means, such as nonresidents, people avoiding service, or successors whose names and residences are unknown.
Frequently Asked Questions
Does a revivor order take effect right away?
If the parties consented to the order, yes — the action stands revived immediately. If they did not consent, the order must first be served on the adverse party.
How is a non-consent revivor order served?
In the same manner, and returned within the same time, as a summons.
What can the adverse party do after being served with the order?
Show cause against the revivor. If sufficient cause is not shown, the action stands revived.
What counts as “sufficient cause” to defeat a revivor?
The statute does not itself define the term; it leaves the adverse party the opportunity to raise objections and leaves their sufficiency to the court’s determination.
What if the party to be served cannot be found?
Section 25-1409 allows service by publication in specific circumstances, including nonresidence, evasion of service, or unknown names and residences of the heirs or devisees to be served.
Is consent required from every party, or just the one who did not move for revivor?
The statute refers to “consent of the parties” generally; the service-and-show-cause path applies whenever the order is not made by that consent.
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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