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Circuit Court District Division Rules Table of Contents

RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- DISTRICT DIVISION

CIVIL RULES

Rule 3.4. Attachment procedures (RSA 511-A).

    
    A. WRIT FORMS. The writ form, which has been in use in recent years, is not to be used. There will be a writ of summons and a separate writ of attachment. Attachment as used herein includes trustee process.

    B. ATTACHMENT WITH NOTICE. The following procedure is to be used where the plaintiff petitions for permission to make an attachment, using the method requiring notice to the defendant, and an opportunity to be heard:

        (1) The petition shall be executed under oath, and accompanied with the notice to defendant and order form, in accordance with the Petition to Attach with Notice.

        (2) The petition to attach shall be fastened to the face of the writ of summons.

        (3) The original writ and copies are then to be given to the sheriff, or his deputy, for service on the defendant; immediately after such service, that writ, together with the sheriff's return, is to be entered in Court.

        (4) If the petition is granted, the plaintiff's attorney is authorized to fill out a writ of attachment in accordance with the order granting the petition, and deliver it, with copies, to the sheriff, or his deputy, to effect the attachment. If the petition to attach is granted, but the plaintiff is not represented by a lawyer admitted to practice in New Hampshire, the Clerk is to make out the writ of attachment. The sheriff's return is to be filed on completion of the attachment.

    C. EX PARTE ATTACHMENT. The following procedure is to be used where the plaintiff petitions for permission to attach, using the method that does not require notice to the defendant prior to the attachment:

        (1) The petition shall be executed under oath, and accompanied with the notice to defendant and order form, in accordance with the Petition for Ex Parte Attachment.

        (2) The petition, and copies, are to be filed in Court, and an entry fee will then become due.

        (3) If the petition is denied, the plaintiff may then petition for attachment under the provisions of RSA 511-A:3.

        (4) If the petition is granted, the plaintiff's attorney is authorized to fill out a writ of attachment in accordance with the order granting the petition. If the petition is granted, but the plaintiff is not represented by a lawyer admitted to practice in New Hampshire, the Clerk is to make out the writ of attachment.

        (5) A certified copy of the petition, including the notice to the defendant, and with the Court's order thereon, shall be fastened to the face of the writ of summons.

        (6) The writs of attachment and summons, together with copies, shall be delivered to the sheriff, or his deputy, with directions to serve the writ of attachment first, within the time directed by the Court's order, and immediately thereafter the writ of summons. The returns of service are to be filed immediately after service has been completed.

ATTACHMENTS IN PROCEEDINGS OTHER THAN ACTIONS AT LAW. The above procedures, and forms, are also to be used where an attachment is sought in connection with a proceeding other than an action at law, with appropriate adaptation for the different form of action.

Comment

The “Petition to Attach with Notice” form and the “Petition for Ex Parte Attachment” form referred to in this rule are available at the clerk’s office of any Circuit Court and on the Judicial Branch website at http://www.courts.state.nh.us/district/forms/allforms.htm#civil  

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