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§ 25-1414.Revivor as to plaintiff; time; limitation; revivor as to both parties.

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

In one sentenceAn order reviving an action in the names of a plaintiff’s representatives may be made at any time but needs the defendant’s consent after one year, and if the defendant also dies or loses representative status meanwhile, revivor on both sides follows the one-year measure set for defendants in § 25-1413.

Full Text of § 25-1414

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An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith, but shall not be made without the consent of the defendant, after the expiration of one year from the time the order might have been first made; but where the defendant shall also have died, or his powers have ceased in the meantime, the order of revivor on both sides may be made in the period limited in section 25-1413.

Source

R.S.1867, Code § 467, p. 471; R.S.1913, § 8035; C.S.1922, § 8976; C.S.1929, § 20-1414; R.S.1943, § 25-1414.

Plain-English Summary

Section 25-1414 mirrors § 25-1413 from the plaintiff’s side. An order reviving an action in the names of the representatives or successor of a deceased plaintiff may be made forthwith — without needing to wait for any particular event. But once one year has passed from the time that order might first have been made, it cannot be made without the consent of the defendant.

The section then addresses a more complicated scenario: what if the defendant also dies, or loses status as personal representative, while all this is happening? In that case, the order reviving the action on both sides — reviving in the names of the plaintiff’s successors and the defendant’s successors together — may be made within the period set out in § 25-1413, the one-year measure that section establishes for revivor against a defendant’s representatives.

Taken together with § 25-1413, this section establishes a consistent one-year outer boundary across Article 14’s revivor scheme, whether the party who died was the plaintiff, the defendant, or both. Inside that year, the ordinary motion, order, and service procedure of §§ 25-1406 through 25-1409 governs without needing anyone’s special consent. Outside it, consent from the opposing side becomes a precondition.

Frequently Asked Questions

Can an action be revived in the name of a deceased plaintiff’s successors right away?

Yes. The order may be made forthwith. It is only after one year from when the order might first have been made that the defendant’s consent becomes necessary.

What happens if the defendant refuses to consent after a year has passed?

The statute states the order shall not be made without the defendant’s consent after that one-year point, so revivor beyond that window requires the defendant’s agreement.

What if both the plaintiff and the defendant die during the same case?

The order of revivor on both sides may be made within the period set in § 25-1413, meaning the same one-year measure that governs revivor against a defendant’s representatives.

Is this the same one-year period referenced in § 25-1413, or a separate one?

For the both-parties-died scenario, § 25-1414 expressly ties the timing to the period limited in § 25-1413, so the two sections share that measure rather than running independent clocks.

Does this section require anyone’s consent within the first year?

No. Within the first year from when the order might first have been made, the revivor may proceed through the ordinary procedure without needing the defendant’s consent.

Why does the law treat plaintiff-side and defendant-side revivor timing similarly?

Both § 25-1413 and § 25-1414 use a one-year measure tied to when the order could first have been made, giving the scheme a consistent outer limit regardless of which side’s party died.

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: reviving action plaintiff successors deadlinedefendant consent revivor after one yearboth parties die during lawsuit nebraskatime limit revive plaintiff side