North Dakota § 32-08.1-02.1 Prehearing attachment - Issuance of order - Notice of hearing

North Dakota Statutes

§ 32-08.1-02.1 — Prehearing attachment - Issuance of order - Notice of hearing

North Dakota § 32-08.1-02.1

Title 32Judicial Remedies

Ch. 32-08.1Attachment

This text of North Dakota § 32-08.1-02.1 (Prehearing attachment - Issuance of order - Notice of hearing) 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 § 32-08.1-02.1 (2026).

Text

A writ of attachment may be issued on the plaintiff's request and prior to the hearing
required under section 32-08.1-02 if the plaintiff's request is accompanied by an affidavit stating
the basis and amount of claim against the defendant and describing facts that constitute
grounds for attachment under subdivision a, b, c, or d of subsection 1 of section 32-08.1-03.
The court may issue the writ prior to the hearing required under section 32-08.1-02 only if the
plaintiff demonstrates the probability of success on the merits, the existence of one or more of
the grounds specified in subdivision a, b, c, or d of subsection 1 of section 32-08.1-03, and that,
due to extraordinary circumstances, the plaintiff's interests cannot be protected by an
appropriate order of the court, other than by dir

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A writ of attachment may be issued on the plaintiff's request and prior to the hearing
required under section 32-08.1-02 if the plaintiff's request is accompanied by an affidavit stating
the basis and amount of claim against the defendant and describing facts that constitute
grounds for attachment under subdivision a, b, c, or d of subsection 1 of section 32-08.1-03.
The court may issue the writ prior to the hearing required under section 32-08.1-02 only if the
plaintiff demonstrates the probability of success on the merits, the existence of one or more of
the grounds specified in subdivision a, b, c, or d of subsection 1 of section 32-08.1-03, and that,
due to extraordinary circumstances, the plaintiff's interests cannot be protected by an
appropriate order of the court, other than by directing the prehearing attachment of property.
The defendant must be served immediately after the attachment is completed with a copy of the
plaintiff's request for the writ, a copy of the affidavit and all other documents offered in support of
the request, and a notice of the availability of a hearing under section 32-08.1-17.