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Supreme Court Rules



Section/Rule:
99.13

Subject:
Rule 99 - Rules of Civil Procedure - Rules Relating to Special Actions - Replevin
Publication / Adopted Date:
April 4, 1977

Topic:
Election of Prevailing Party - When and How Made
Revised / Effective Date:
December 1, 1977

99.13. Election of Prevailing Party - When and How Made

The prevailing party shall not be required to make an election between the return of the property or the payment of the value thereof assessed by the court or jury until the property is in the possession of the sheriff and notice thereof is given by the sheriff to the prevailing party. Service of the notice may be made as provided in Rule 43.01. The prevailing party shall have ten days after the service of the notice to make an election to receive the value of the property assessed by the court or jury. The election must be in writing and shall be filed with the clerk of the court.

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

COMMITTEE NOTE - 1981