Rule 64E – Writ of Execution

by | May 14, 2021 | Civil Procedure, Utah

(a) Availability. A writ of execution is available to seize property in the possession or under the control of the defendant following entry of a final judgment or order requiring the delivery of property or the payment of money.(b) Application. To obtain a writ of...

Rule 64D – Writ of Garnishment

by | May 14, 2021 | Civil Procedure, Utah

(a) Availability. A writ of garnishment is available to seize property of the defendant in the possession or under the control of a person other than the defendant. A writ of garnishment is available after final judgment or after the claim has been filed and prior to...

Rule 64C – Writ of Attachment

by | May 14, 2021 | Civil Procedure, Utah

(a) Availability. A writ of attachment is available to seize property in the possession or under the control of the defendant.(b) Grounds. In addition to the grounds required in Rule 64A, the grounds for a writ of attachment require all of the following: (b)(1) that...

Rule 64B – Writ of Replevin

by | May 14, 2021 | Civil Procedure, Utah

(a) Availability. A writ of replevin is available to compel delivery to the plaintiff of specific personal property held by the defendant.(b) Grounds. In addition to the grounds required in Rule 64A, the grounds for a writ of replevin require all of the following:...

Rule 64A – Prejudgment Writs in General

by | May 14, 2021 | Civil Procedure, Utah

(a) Availability. A writ of replevin, attachment or garnishment is available after the claim has been filed and before judgment only upon written order of the court.(b) Motion; affidavit. To obtain a writ of replevin, attachment or garnishment before judgment,...

Rule 64 – Writs in General

by | May 14, 2021 | Civil Procedure, Utah

(a) Definitions. As used in Rules 64, 64A, 64B /a, href=”rb://s/3017″64C, 64D, 64E, 69A, 69B and 69C: (a)(1) “Claim” means a claim, counterclaim, cross claim, third party claim or any other claim.(a)(2) “Defendant” means the party...