Local Rule LR Cv 69: WRITS OF EXECUTION

LR Cv 69 WRITS OF EXECUTION

(a) Execution. Except where stayed by statute, rule or order of the Court, a party in whose favor judgment has been entered may execute on the judgment 14 days after judgment has been entered on a form provided by the Clerk's Office.

(b) Requests for Writ of Execution. A request for a writ of execution shall be accompanied by an affidavit that states:

(1) the amount due on the judgment and an explanation of how that amount has been calculated;

(2) that a demand for payment has been made and refused; and

(3) what efforts have been made to recover the judgment.

(c) Return of Execution. An officer to whom a writ of execution is delivered shall make return thereon to the clerk within the time prescribed in the writ unless the Court otherwise directs. If no time is prescribed, the return shall be made immediately after execution or, if execution is not made, within 60 days after delivery.

When a sale is made pursuant to a writ of execution, the return shall be made within 30 days after the sale unless a different time is prescribed by law or by the Court.

Effective 12/1/11: The numerical references in this rule were altered as part of the restyling of numerical references throughout the Local Rules. Effective 1/3/11: §(a) amended. Effective 12/1/09: §(a) amended.

CROSS-REFERENCE See LR Cv 58.1 (Satisfaction of Judgments).