§ 1-15-103 — General procedures relating to prejudgment writs of attachment, replevin and garnishment; issuance of writs without notice

Wyoming § 1-15-103

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 15: ATTACHMENT, REPLEVIN AND GARNISHMENT
• Art. 1: IN GENERAL

Text

(a) Prejudgment writs of attachment, replevin and
garnishment shall be issued subject to the following conditions
and circumstances:
(i) The writ shall issue only upon written motion and
pursuant to a written order of the court;
(ii) The court shall not direct the issuance of the
writ without notice to the adverse party and an opportunity to
be heard unless it clearly appears from specific facts shown by
affidavit or by the verified complaint that immediate and
irreparable injury will result to the plaintiff before notice
can be served and a hearing had thereon. A finding by the court
that the plaintiff will suffer irreparable injury shall be made
only if the court finds the existence of either of the following
circumstances:
(A) There is present danger that the property
will be immediately disposed of, concealed, or placed beyond the
jurisdiction of the court; or
(B) The value of the property will be impaired
substantially if the issuance of an order of attachment is
delayed.
(iii) An order granted without notice authorizing the
issuance of a writ shall be endorsed with the date and hour of
issuance and shall be filed in the clerk's office and entered of
record. The order shall define the injury and state why the
injury is irreparable and why the order was granted without
notice. The order, and any writ issued pursuant thereto, shall
expire within a time fixed by the court, not to exceed ten (10)
days after issuance. Within the time fixed, the court may, after
notice and hearing, order the writ continued in effect or the
adverse party may consent that the writ may be extended for a
longer period. The reasons for the extension shall be entered
of record;
(iv) If the order granting the writ is issued without
notice, a hearing thereon shall be set for the earliest
reasonable time;
(v) At the hearing on the issuance of the writ or its
continuance, the plaintiff shall have the burden of establishing
the facts justifying the issuance and continuance of the writ;
(vi) On notice to the plaintiff obtaining the
issuance of the writ without notice, the adverse party may
appear and move dissolution or modification of the writ, and in
that event the court shall proceed to hear and determine the
motion as expeditiously as possible;
(vii) Any notice required under this section shall be
in a form and served in a manner as will expeditiously give the
adverse party actual notice of the proceeding, all as directed
by the court;
(viii) In the event that property has been seized by
the sheriff pursuant to the issuance of a writ without notice,
the property shall be retained by him subject to the order of
the court.