First Adopted: April 04, 1977
Most Recently Effective: December 01, 1977
Rule 99 | Rules of Civil Procedure | Rules Relating to Special Actions | Replevin
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.
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.
(Adopted April 4, 1977, effective December 1, 1977.)