§ 25-1415.Abatement of actions by death or cessation of powers of representative; duty of court.

Sections 25-1413 and 25-1414 set the one-year windows after which revivor against a defendant’s or a plaintiff’s representatives needs the opposing side’s consent. Section 25-1415 addresses what happens when that consent is not forthcoming and the case has sat too long as a result. When it appears to the court, by affidavit, that a party has been dead, or that a party suing or sued as personal representative has had those powers cease, for a period so long that revivor cannot happen without both parties’ consent, the court must order the action stricken from the trial docket.

This is not discretionary once the predicate is shown — the statute says the court “shall” order the action stricken. It functions as a housekeeping mechanism, clearing dormant cases off the active docket when the death or the cessation of representative powers has gone unaddressed long enough that neither side can force revivor without the other’s agreement, and that agreement has not materialized.

Being stricken from the trial docket is not necessarily the end of the matter forever; §§ 25-1413 and 25-1414 still allow revivor by consent even after the relevant time period has run. Section 25-1415 addresses the docket-management consequence of delay, not a permanent bar on ever reviving the case if the parties later agree.