§ Rule 64-I. Attachment Before Judgment
Rule 64-I. Attachment Before Judgment
(a) Application and Notice to Defendant.An application for a writ of attachment before judgment, shall set forth, by affidavit, specific facts meeting the requirements of D.C.Code §§ 16-501(c) and (d) (1981). The application shall be accompanied by a prepared Notice to Defendant on a CA Form 105 supplied by the Clerk. The Clerk shall send such notice to the defendant by first class mail at the address shown on the notice, or in case of a foreign corporation to its registered agent, if any, and shall note on the docket the date of such mailing. If defendant's address is listed on the notice as unknown, the plaintiff shall file with the notice an affidavit setting forth his reasonable efforts to ascertain defendant's current mailing address.
(b) Issuance.An application for a writ of attachment before judgment shall be submitted as provided in Rule 12-I(b) to the judge who may approve or deny issuance or may direct such further hearings before issuance as deemed appropriate.
(c) Answer of Garnishee.A garnishee shall file with the Clerk the answer to the interrogatories accompanying the writ of attachment within 10 days after service of the writ upon him, and shall serve a copy of the answer upon the defendant and upon the party at whose instance the garnishment was issued. If within 10 days after service of the answer to the interrogatories or such later time as the Court may allow, the party at whose instance the garnishment was issued shall not contest the answer to the interrogatories pursuant to D.C.Code § 16-522 (1981), the garnishee's obligations under the attachment shall be limited by his answer.
(d) Hearing.If a hearing is held as a result of the filing of a traversing affidavit by the defendant or the garnishee pursuant to D.C.Code § 16-506 (1981), the plaintiff shall be required to establish the validity or probable validity of the underlying claim and the existence of the ground for issuing the attachment.
(e) Priority of Liens.For purposes of determining priority of successive liens, a writ of attachment issued under section (b) of this Rule shall be effective from the date of its delivery to the marshal.
(f) Expedition of Motions to Quash.All motions to quash attachments shall be heard by the Court on an expedited basis. Upon at least three (3) days' notice to all parties, the Court may in appropriate cases order that the action in which the motion was filed be tried on the merits at the same time the motion is heard.
(g) Discovery.For good cause shown, the court may in its discretion permit discovery in attachment before judgment proceedings in the manner provided in Rule 69-I.