(a) Issuance. A plaintiff claiming the possession of goods and chattels wrongfully taken or detained shall proceed by complaint and summons in an action under these rules and in connection therewith may make a motion for issuance of a writ of replevin as provided by law, which shall be served along with the a summons, complaint, Language Assistance Notice, and all other required documents. The motion shall be granted only upon a showing that there is a probability of a judgment being rendered in favor of the plaintiff and that there is a substantial need for transfer of possession of the goods and chattels to the plaintiff pending adjudication of the claim. In lieu of ordering issuance of the writ of replevin the court may order the defendant to give security for satisfaction of any judgment which may be rendered in the action. A surety upon a bond or undertaking hereunder shall be subject to the provisions of Rule 65(c). A motion for issuance of a writ of replevin shall not be granted ex parte. (b) Replevin on Counterclaim, Cross-claim, or Third-party Complaint. Goods or chattels may be replevied on writ of replevin by a party bringing a counterclaim, cross-claim, or third-party complaint in the same manner as upon an original claim, provided that the goods or chattels are located in the county where the action is pending. (c) Subsequent Issuance. A writ of replevin may be issued subsequent to commencement of the action in accordance with subdivision (a). Such writ may also be issued by way of execution.
