§ Form 6.10 Motion for Approval of Attachment and Trustee Process and Proposed Order
Form 6.10 Motion for Approval of Attachment and Trustee Process and Proposed Order
(CAPTION) [FN1] MOTION FOR APPROVAL OF ATTACHMENT
AND TRUSTEE PROCESS, WITH NOTICE
OF HEARING [FN2] AND PROPOSED ORDER [FN3]
Plaintiff moves the court to order that attachment, including attachment on trustee process, may be made against the defendant's property in an amount of $_______ pursuant to M.R.Civ.P. 4A and 4B.
This motion is based upon the ground that: it is more likely than not that plaintiff will recover judgment, including interest and costs, in an amount equal to or greater than the aggregate sum of $_______ and the value of all liability insurance, bond, or other security and any property attached by other writ of attachment or trustee process known to plaintiff, which is $_______.
This motion is based upon plaintiff's complaint, the affidavit[s] of (names) annexed hereto as [an] exhibit[s], and the memorandum of law, annexed hereto.
(date and signature block)
MEMORANDUM OF LAW
[Rule 7(b)(3) requires a memorandum of law be filed in support of all motions. The memorandum may be incorporated in the motion or filed separately. The memorandum must include citations and supporting authorities upon which the moving party relies. The memorandum should also contain reference to any attached affidavits, exhibits, or other evidence of facts upon which the moving party relies, and may contain a brief recitation of the facts and arguments urged in support of the motions.]
NOTICE OF HEARING [FN4]
Please take notice, that the undersigned will bring the above motion on
for hearing before the [Superior]/[District] Court at the _______ [County] Courthouse, (address), Maine, on the ___ day of _______ 19__, at __ o'clock in the _______noon.
ORDER APPROVING ATTACHMENT AND TRUSTEE PROCESS
After notice to defendant and hearing, and on affidavit(s) [and other evidence under oath], the court finds that it is more likely than not that the plaintiff will recover judgment, including interest and costs, in an amount equal to or greater than $[A]; the defendant has shown that the value of liability insurance, bond, or other security and other property or credit attached by other writ of attachment or trustee process available to satisfy any judgment against the defendant, (name), in this action totals $[B].
IT IS ORDERED that [attachment], [and] [trustee process], may be made against the defendant's property in an amount of $[A minus B].
Dated this _______ day of (month), 19__.
________________________________________________________________________________ [Judge, District Court] [Justice, Superior Court]
[FN1] Since Rule 4A(b) requires that the writ of attachment contain “the names and residences of the parties,” this information should be included in the caption.
[FN2] The motion, supporting affidavits, and notice of hearing must be served upon the defendant except as provided in Rule 4A(g) or 4B(i).
[FN3] Rule 7(b)(3) requires that a draft order, which grants the motion and specifically sets forth the relief accompany all motions.
[FN4] Required only if a hearing date is available. M.R.Civ.P. 7(b)(3).