§ 25-1417.Revived action; when tried.
Article 14: Revivor and Survival of Actions · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1417
Source
R.S.1867, Code § 470, p. 471; R.S.1913, § 8038; C.S.1922, § 8979; C.S.1929, § 20-1417; R.S.1943, § 25-1417.
Plain-English Summary
Reviving a case takes time and procedure — a motion, an order, service, and possibly a waiting period tied to consent. Section 25-1417 makes sure that process does not, by itself, push the case to the back of the line once it is done. When an action stands revived under the provisions of §§ 25-1405 through 25-1416, its trial is not postponed by reason of the revivor, so long as the action would have stood for trial at the term when the revivor is complete, had the death or cessation of powers never happened.
In effect, this section treats a revived case as picking up where it left off. The revivor mechanics do not create their own separate delay on top of whatever the case already faced; the only question is whether the case would have been ready for trial at that term regardless of the interruption caused by the party’s death.
This section closes out the sequence of revivor provisions that began with § 25-1405. Having established which claims survive, who can move for revivor, how the order gets made and served, and what deadlines and consequences attach to delay, the Article makes sure a successfully revived case gets back onto the trial calendar without an extra procedural penalty for the revivor itself.
Frequently Asked Questions
Does reviving a case after a party’s death automatically delay the trial?
No. Section 25-1417 states the trial is not postponed by reason of the revivor if the action would have stood for trial at that term absent the death or cessation of powers.
What sections of revivor procedure does this rule apply to?
It applies to actions revived under the provisions of §§ 25-1405 through 25-1416, covering the full revivor sequence from the general revivor rule through the notice-and-strike procedure.
What if the case would not have been ready for trial that term anyway, even without the death?
The statute’s protection against postponement is tied to whether the case would have stood for trial at that term had the death or cessation of powers not occurred, so a case not otherwise ready would not automatically gain this protection.
Does this section apply to revivor after judgment under § 25-1419?
Its text refers to the provisions of §§ 25-1405 to 25-1416, which govern revivor before judgment; it does not by its terms extend to post-judgment revivor.
Why does this section matter for parties who just went through revivor?
It confirms that the time spent on the revivor process itself is not treated as a fresh reason to push the trial date back, once the revivor is complete.
Does this section address who bears costs of the delay caused by the death itself?
No. It addresses trial timing only; §§ 25-1415 and 25-1416 address docket-striking and costs consequences tied to delayed revivor.