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§ Rule 64-II. Replevin Actions

Codes > District of Columbia Official Code > Superior Court > VIII. Provisional > Rule 64-II.

Rule 64-II. Replevin Actions

 

(a)Upon filing any action in replevin and before process therefor is placed in the hands of the U.S. Marshal or other process server, the plaintiff, personally or by his attorney, will bring the action to the attention of the judge as provided in Rule 12-I(b).

 

(b)At that time the plaintiff may request that the judge set a date for a hearing at which plaintiff will be required to establish the probable validity of his claim and defendant will be given an opportunity to appear and be heard with respect to whether a writ of replevin should issue. If, upon such application, the judge determines that the plaintiff has filed a verified complaint alleging that defendant is wrongfully detaining certain specified property which plaintiff is entitled to possess, he may issue an order directing the defendant to preserve the property which is the subject of the action in his possession or under his control so as to keep it amenable to the process of the Court pending further order of the Court. The order will also indicate the date on which plaintiff's application for a writ of replevin will be brought on for hearing and will inform the defendant that he may be heard at that time, with or without witnesses, on whether the writ should issue.

 

(c)The order shall direct plaintiff to cause a copy of the summons, complaint, and order to be served upon the defendant at least 5 court days prior to the date set for the hearing. If they are not served by that time, the plaintiff shall apply to the judge to whom the case is assigned to set a later hearing date which will provide the defendant with sufficient time to make adequate preparation therefor. In any order entered under this Rule, the judge may include such requirements with respect to the method as to accomplish prompt and expeditious notice to the defendant.

 

(d)At the conclusion of the hearing, the judge may authorize the issuance and execution of a writ of replevin or may, if it appears just, permit all or part of the property to remain in the possession of the defendant pending further order of the Court. In the latter event, he may require the defendant to post an appropriate surety bond or other undertaking or may otherwise provide for the protection of the property pursuant to D.C.Code § 16-3708 (1981).

 

(e)The Civil Clerk's Office will not accept for filing any action of replevin unless said complaint is accompanied by an appropriate surety bond, approved by the Clerk.

 

(f)In making the initial application to the judge to whom the case is assigned, counsel for a Federal, District of Columbia, State or other governmental agency or official, upon showing (1) a direct necessity to secure an important governmental or general public interest and (2) a special need for prompt action under a specific statute or regulation authorizing seizure of property without opportunity for prior hearing, may apply for issuance of the writ without prior adversary hearing on the ground that there is an immediate danger that the defendant will destroy or conceal the property in dispute or on any other ground set forth in D.C.Code § 16-501(d)(2), (3), (4), or (5) (1981) as a basis for attachment before judgment. Upon such application, support by affidavit or sworn testimony reciting specific facts which tend to establish the grounds therefor, the judge may, if deemed appropriate, authorize the immediate issuance of the writ prior to the hearing. If the judicial officer authorizes such issuance, there shall be entered in the record findings of fact and conclusions of law which state the basis of the need for such immediate issuance. The defendant against whom a writ has been issued in this manner may, on not less than 24 hours notice to the plaintiff, apply to the Court to have the writ vacated. If such writ issues, a hearing shall take place on the 5th Court day after execution of the writ. It shall be the duty of plaintiff's counsel to notify the Civil Clerk's Office promptly of the execution of the writ.

 

(g)Trial of all actions in replevin, whether on the jury or nonjury calendar, shall be expedited.

 

(h)By consent of all parties, the judge conducting a hearing on the issuance vel non of a writ of replevin may try the entire proceeding on the merits in lieu of merely determining whether or not the writ should issue.