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Clerk Handbooks

Supreme Court Rules




Section/Rule:

99.12

Subject:

Rule 99 - Rules of Civil Procedure - Rules Relating to Special Actions - Replevin

Publication / Adopted Date:

April 4, 1977

Topic:

Party and Sureties, If Any - Findings and Judgment

Revised / Effective Date:

January 1, 1994


99.12. Party and Sureties, If Any - Findings and Judgment

When the court or jury finds that a party not in possession of the property is entitled to possession of the property, the value of the property shall be determined and damages for the taking, detention or injury may be assessed. The judgment shall be against the party and the party's sureties for the return of the property or the value of the property, at the election of the party entitled to possession, and for damages assessed for the taking, detention or injury.

(Adopted April 4, 1977, eff. Dec. 1, 1977. Amended Sept. 28, 1993, eff. Jan. 1, 1994.)

Committee Note - 1981