Supreme Court Rules - Rule 99 - Rules of Civil Procedure - Rules Relating to Special Actions

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Supreme Court Rules

		Section/Rule:	99.04
Subject:	Rule 99 - Rules of Civil Procedure - Rules Relating to Special Actions - Replevin	Publication / Adopted Date:	April 4, 1977
Topic:	Order of Delivery	Revised / Effective Date:	December 1, 1977

99.04. Order of Delivery

If the court finds that the facts stated in the affidavit show that the party has the right to immediate possession an order shall be issued directing the sheriff to take possession of the property and deliver it to the party upon compliance with Rule 99.06.

(Adopted April 4, 1977, eff. Dec. 1, 1977.)

Committee Note - 1981

The source is prior

Rule 99.02

There is a change in that prior

Rule 99.02

allowed the clerk to make the order and also provided that the filing of the affidavit required the order of delivery to be made while this rule provides that the court must make a finding concerning the facts stated in the affidavit before issuing the order.