Local Rule Civil Rule B.1: Attachment and Garnishment Provisions

Civil Rule B.1 Attachment and Garnishment Provisions a. Attachment and Garnishment. The verification of a complaint containing a prayer for process under Rule B, if made by plaintiff's attorney or other agent not having personal knowledge or knowledge acquired in the ordinary course of business of the facts alleged in the complaint as grounds of the claim, must state the circumstances making it necessary for such attorney or other agent to make the verification and the sources of the information. b. Affidavit of Defendant's Absence. The affidavit of plaintiff or plaintiff's attorney that defendant cannot be found within the district, required by Rule B, must state with particularity the efforts made to locate the defendant in the district. c. Judicial Authorization for Issuance of Writ. Before the Clerk will issue process of attachment and garnishment in accordance with Rule B, the verified complaint and affidavit required by Rule B must be reviewed by a district judge or magistrate judge and, if probable cause be found to exist under Rule B, an order so stating and authorizing issuance of process must issue. Alias process may thereafter be issued by the Clerk upon application without further order of the Court. d. Hearing and Summary Release of Property. Except in actions by the United States for forfeitures based upon federal statutory violations and actions by seamen for wages, whenever property is attached, any person claiming an interest in the property will be entitled to a prompt hearing before a district or magistrate judge upon written notice to plaintiff, and to an order vacating the attachment immediately and granting other appropriate relief unless plaintiff shows cause at the hearing why such an order should not issue.