North Dakota § 32-08.1-02 Issuance of writ - Hearing and notice requirement - Form and contents

North Dakota Statutes

§ 32-08.1-02 — Issuance of writ - Hearing and notice requirement - Form and contents

North Dakota § 32-08.1-02

Title 32Judicial Remedies

Ch. 32-08.1Attachment

This text of North Dakota § 32-08.1-02 (Issuance of writ - Hearing and notice requirement - Form and contents) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 32-08.1-02 (2026).

Text

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 proper

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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.