§ 25-1413.Revivor as to defendant; time; limitation.

Section 25-1413 puts a clock on reviving an action against the representatives or successor of a deceased defendant. Once a year has passed from the time the revivor order could first have been made, the court cannot enter that order without the consent of the representatives or successor themselves. Within that first year, no such consent is needed — the ordinary motion-and-service procedure under §§ 25-1406 through 25-1409 controls.

The rule reflects a basic fairness concern: representatives and successors should not be left indefinitely exposed to being drawn into litigation on behalf of, or against, an estate they are administering. If the party who wants revivor lets more than a year go by without seeking it, the law requires the cooperation of the very people who would be brought into the case, rather than letting revivor be forced on them unilaterally after that window closes.

Section 25-1414 sets a parallel rule for reviving in the names of a plaintiff’s representatives or successor, with its own one-year measure and a special provision for cases where both sides have died. Reading the two sections together, the one-year period functions as the general outer limit for revivor throughout this Article, subject to the specific procedures already described for getting the order in the first place.