Short answer. After trial, the court determines who has the right of possession and the property's value, then renders judgment in the alternative — ordering delivery of the property to the party entitled to it, or its value if delivery isn't possible — plus whatever damages either party proves, with costs.
What the law says
After trial of the issues, the court shall determine who has the right of possession to and the value of the property and shall render judgment in the alternative for the delivery thereof to the party entitled to the same, or for its value in case delivery cannot be made, and also for such damages as either party may prove, with costs.
Rule 60, Section 9 — Judgment. Read the full provision →
Two findings the court must make
Rule 60, Section 9 requires the trial court, after trial of the issues, to make two determinations: who actually has the right of possession to the property, and what that property is worth. Both findings are necessary because the judgment that follows depends on having a value on record, not just a possession ruling — without a determined value, the alternative remedy of paying for the property instead of delivering it would have nothing to anchor the amount to.
Why the judgment is phrased in the alternative
The judgment is rendered in the alternative — ordering delivery of the property to the party entitled to it, or payment of its value if delivery cannot actually be made. This anticipates situations where the property may have deteriorated, been lost, or otherwise become impossible to physically hand over by the time judgment is rendered, ensuring the winning party still gets a meaningful remedy.
Damages and costs are added on top
Beyond the possession-or-value determination, the section also directs the court to award such damages as either party may prove, together with costs. This means the losing party's exposure is not limited to the property or its value alone — provable losses arising from the dispute, and the costs of litigating it, are also folded into the judgment, so the winning party is not left absorbing litigation expenses on top of whatever the underlying property dispute already cost them.
Why an alternative judgment protects the winning party
Property fought over in a replevin case can be damaged, consumed, or simply disappear by the time the case is finally decided, especially where it changed hands more than once while the litigation was pending. Phrasing the judgment in the alternative — delivery or its value — means the party who wins on possession is not left empty-handed just because the actual thing can no longer be produced.
Related provisions
- Rule 60, Section 9 — Judgment
- Rule 60, Section 8 — Return of papers
- Rule 60, Section 10 — Judgment to include recovery against sureties