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Rule64A. Prejudgment writs in general.

(a)Availability. A writ of replevin, attachmentor garnishment is available after the claim has been filed and before judgmentonly upon written order of the court.

(b)Motion; affidavit. To obtain a writ of replevin,attachment or garnishment before judgment, plaintiff shall file a motion,security as ordered by the court and an affidavit stating facts showing thegrounds for relief and other information required by these rules. If theplaintiff cannot by due diligence determine the facts necessary to support theaffidavit, the plaintiff shall explain in the affidavit the steps taken to determinethe facts and why the facts could not be determined. The affidavit supportingthe motion shall state facts in simple, concise and direct terms that are notconclusory.

(c)Grounds for prejudgment writ. Grounds for a prejudgment writinclude, in addition to the grounds for the specific writ, all of therequirements listed in subsections (c)(1) through (c)(3) and at least one ofthe requirements listed in subsections (c)(4) through (c)(10):

(c)(1) that the property is notearnings and not exempt from execution; and

(c)(2) that the writ is notsought to hinder, delay or defraud a creditor of the defendant; and

(c)(3) a substantial likelihoodthat the plaintiff will prevail on the merits of the underlying claim; and

(c)(4) that the defendant isavoiding service of process; or

(c)(5) that the defendant hasassigned, disposed of or concealed, or is about to assign, dispose of orconceal, the property with intent to defraud creditors; or

(c)(6) that the defendant has leftor is about to leave the state with intent to defraud creditors; or

(c)(7) that the defendant hasfraudulently incurred the obligation that is the subject of the action; or

(c)(8) that the property willmaterially decline in value; or

(c)(9) that the plaintiff has anownership or special interest in the property; or

(c)(10) probable cause of losingthe remedy unless the court issues the writ.

(d)Statement. The affidavit supporting themotion shall state facts sufficient to show the following information:

(d)(1) if known, the nature,location, account number and estimated value of the property and the name,address and phone number of the person holding the property;

(d)(2) that the property has notbeen taken for a tax, assessment or fine;

(d)(3) that the property has notbeen seized under a writ against the property of the plaintiff or that it isexempt from seizure;

(d)(4) the name and address ofany person known to the plaintiff to claim an interest in the property; and, ifthe motion is for a writ of garnishment,

(d)(5) the name and address ofthe garnishee; and

(d)(6) that the plaintiff hasattached the garnishee fee established by Utah Code Section 78A-2-216.

(e)Notice, hearing. The court may order that a writof replevin, attachment or garnishment be issued before judgment after noticeto the defendant and opportunity to be heard.

(f)Method of service. The affidavit for theprejudgment writ shall be served on the defendant and any person named by theplaintiff as claiming an interest in the property. The affidavit shall beserved in a manner directed by the court that is reasonably calculated toexpeditiously give actual notice of the hearing.

(g)Reply. The defendant may file a replyto the affidavit for a prejudgment writ at least 24 hours before the hearing.The reply may:

(g)(1) challenge the issuance ofthe writ;

(g)(2) object to the sufficiencyof the security or the sufficiency of the sureties;

(g)(3) request return of theproperty;

(g)(4) claim the property isexempt; or

(g)(5) claim a set off.

(h)Burden of proof. The burden is on the plaintiffto prove the facts necessary to support the writ.

(i) Ex parte writ before judgment.If the plaintiff seeks a prejudgment writ prior to a hearing, the plaintiffshall file an affidavit stating facts showing irreparable injury to theplaintiff before the defendant can be heard or other reason notice should notbe given. If a writ is issued without notice to the defendant and opportunityto be heard, the court shall set a hearing for the earliest reasonable time,and the writ and the order authorizing the writ shall:

(i)(1)state the grounds for issuance without notice;

(i)(2)designate the date and time of issuance and the date and time of expiration;

(i)(3)designate the date, time and place of the hearing;

(i)(4)forthwith be filed in the clerk's office and entered of record;

(i)(5)expire 14 days after issuance unless the court establishes an earlierexpiration date, the defendant consents that the order and writ be extended orthe court extends the order and writ after hearing;

(i)(6)be served on the defendant and any person named by the plaintiff as claiming aninterest in the property in a manner directed by the court that is reasonablycalculated to expeditiously give actual notice of the hearing.