Rule 99 | Replevin

First Adopted: April 04, 1977

Most Recently Effective: December 01, 1977

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

99.01 | Action in Replevin

A person claiming the right to possession of personal property may bring an action in replevin for possession of the property.

Committee Note – 1981

This is new.


(Adopted April 4, 1977, effective December 1, 1977.)

First Adopted: April 04, 1977

Most Recently Effective: December 01, 1977

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

99.02 | Service of Process

In replevin actions service of process may be made as provided by Rule 54.

Committee Note – 1981

This is new.


(Adopted April 4, 1977, effective December 1, 1977.)

First Adopted: April 04, 1977

Most Recently Effective: December 01, 1977

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

99.03 | Affidavit to Obtain Immediate Possesion of Property

When a party requests immediate possession of personal property an affidavit shall be filed stating:

(a) The description of the property;

(b) Facts showing the party is entitled to the possession of the property;

(c) The actual value of the property;

(d) The property has not been seized under any legal process;

(e) The party is in danger of losing the property unless immediate possession is obtained or the property is otherwise secured.

Committee Note – 1981

The source is prior Rule 99.02.

Paragraph (b) requiring facts to be stated showing that the party is entitled to the possession of the property is new.


(Adopted April 4, 1977, effective December 1, 1977.)

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.)

First Adopted: April 04, 1977

Most Recently Effective: January 01, 1994

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

99.05 | Prejudgment Seizure – Notice Required

When a prejudgment seizure of property is made, a written notice shall be served on the defendant advising the defendant of the right to file a delivery bond and of the right to request a hearing to determine the plaintiff's right to possession of the property.

Committee Note – 1981

This is new.


(Adopted April 4, 1977, effective December 1, 1977. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: April 04, 1977

Most Recently Effective: December 01, 1977

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

99.06 | Delivery Bond – Form of – Effect of Filing

The plaintiff shall file a sufficient bond, approved by the court, executed by the plaintiff as principal and one or more sufficient sureties to the effect that they are bound to the defendant in double the value of the property for the prosecution of the action with effect and without delay, for the return of the property to the defendant, if return thereof be adjudged, and, in default of such delivery for the payment of all damages for injuries to the property thereafter, for the payment of all damages for the taking and detention thereof, and for all costs.

Committee Note – 1981

The source is prior Rule 99.03.

There is a change in that prior Rule 99.03 provided that there must be at least two sureties and that approval of the bond was by the sheriff while this rule requires only one surety and provides that the court must approve the bond.


(Adopted April 4, 1977, effective December 1, 1977.)

First Adopted: April 04, 1977

Most Recently Effective: December 01, 1977

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

99.07 | Redelivery Bond – Form of

The defendant may file, either before or after delivery of the property to the plaintiff, a sufficient redelivery bond, approved by the court, executed by the defendant as principal and one or more sufficient sureties to the effect that they are bound to the plaintiff in double the value of the property for the delivery of the property to the plaintiff, if such delivery be adjudged, and in default of such delivery for the payment of the value of the property, for the payment of all damages for injury to the property thereafter, for the payment of all damages for the taking and detention thereof, and for all costs.

Committee Note – 1981

The source is prior Rule 99.04.

There is a change in that prior Rule 99.04 provided that there must be at least two sureties and that the redelivery bond could only be filed before the property was delivered to plaintiff while this rule requires only one surety and provides that the redelivery bond may be filed either before or after delivery to the plaintiff.


(Adopted April 4, 1977, effective December 1, 1977.)

First Adopted: April 04, 1977

Most Recently Effective: December 01, 1977

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

99.08 | Redelivery Bond – Effect of Filing

If a redelivery bond is filed before delivery of the property to the plaintiff the defendant may retain the property. If a redelivery bond is filed after the property has been taken from the defendant an order shall be issued directing the sheriff to take possession of the property and deliver it to the defendant.

Committee Note – 1981

This is new.


(Adopted April 4, 1977, effective December 1, 1977.)

First Adopted: April 04, 1977

Most Recently Effective: December 01, 1977

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

99.09 | Hearing on Right to Possession – When – Time For

As an alternative to filing a redelivery bond the defendant may file a written request for a hearing to determine the plaintiff's right to possession of the property pending trial on the merits. The hearing shall be held within ten days after the filing of the request.

Committee Note – 1981

This is new.


(Adopted April 4, 1977, effective December 1, 1977.)

First Adopted: April 04, 1977

Most Recently Effective: December 01, 1977

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

99.10 | Qualifications of Sureties

Each surety on such bonds must be either a corporation licensed to do a surety business in Missouri or an owner of property within the state which the court finds to be sufficient surety for the amount for which the bond is given.

Committee Note – 1981

The source is prior Rule 99.05.

There is a change in that corporate sureties are authorized.


(Adopted April 4, 1977, effective December 1, 1977.)

First Adopted: April 04, 1977

Most Recently Effective: December 01, 1977

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

99.11 | Insufficient Bond – Procedure

If the court finds that a delivery or redelivery bond is not sufficient it may order a party to furnish a new bond. Upon failure to furnish a new bond within the time fixed by the court, the court shall order that the property be returned to the party from whose possession it had been taken.

Committee Note – 1981

The sources are prior Rules 99.08, 99.09 and 99.10.


(Adopted April 4, 1977, effective December 1, 1977.)

First Adopted: April 04, 1977

Most Recently Effective: January 01, 1994

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

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.

Committee Note – 1981

The sources are prior Rules 99.11, 99.12, 99.13 and 99.14.


(Adopted April 4, 1977, effective December 1, 1977. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: April 04, 1977

Most Recently Effective: December 01, 1977

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

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.

Committee Note – 1981

The sources are prior Rules 99.15 and 99.16.

The following is new: "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, effective December 1, 1977.)

First Adopted: April 04, 1977

Most Recently Effective: December 01, 1977

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

99.14 | Court to Allow Charges for Taking and Delivering Property

The court shall tax as costs the reasonable expenses and charges incurred by the sheriff or other officer incident to the taking and delivery of the property.

Committee Note – 1981

This is substantially the same as prior Rule 99.20.


(Adopted April 4, 1977, effective December 1, 1977.)

First Adopted: April 04, 1977

Most Recently Effective: December 01, 1977

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

99.15 | Execution for Delivery – How Issued and Governed

An execution sufficiently describing the property may issue to the sheriff of the county in which the property is located directing him to deliver the property to the party entitled thereto.

Committee Note – 1981

This is substantially the same as prior Rule 99.22.


(Adopted April 4, 1977, effective December 1, 1977.)