32-08.1-02. Issuance of writ - Hearing and notice requirement - Form and contents.
200 words·~1 min read·
/nd/title-32/chapter-32-08-1-attachment/32-08-1-02·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A writ of attachment may be issued on the request of the plaintiff before final judgment and after a summons and a complaint is filed. Except as provided in section 32-08.1-02.1, the writ may only be issued following a hearing at which the plaintiff shall present the affidavit described in section 32-08.1-03. The court may issue the writ of attachment only if the plaintiff has provided the required affidavit, has executed a sufficient bond as required under sections 32-08.1-03 and 32-08.1-05, and has made a prima facie showing of the right to attachment.
The plaintiff shall provide the defendant with a copy of the request for the writ and the accompanying affidavit and notice of the time of the hearing. The writ, if issued, must be directed to the sheriff of some county in which the property of the defendant is supposed to be and must require the sheriff to attach all the property of the defendant within the sheriff's county, or so much thereof as may be sufficient to satisfy the plaintiff's demand, together with costs and expenses.
The writ must be in the name of the court and be sealed with its seal and signed by its judge.