§ Form 6.20 Motion and Order for Ex Parte Approval of Attachment and Trustee Process and Proposed Order

Form 6.20 Motion and Order for Ex Parte Approval of Attachment and Trustee Process and Proposed Order

MOTION AND ORDER FOR EX PARTE APPROVAL

(CAPTION) [FN2] OF ATTACHMENT AND TRUSTEE PROCESS

AND PROPOSED ORDER

The plaintiff moves the court to order ex parte 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 grounds that: (1) 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 $_______; and (2) [defendant (and trustee) (has/have) been notified of plaintiff's intent to present this motion to this court]/[plaintiff has attempted unsuccessfully to notify the defendant (and trustee) of (his/her) intent to present this motion to this Court]/[there is a clear danger (name of defendant) will remove the property from the state or conceal it or otherwise make it unavailable to satisfy a judgment if notified in advance of attachment] [and] [there is immediate danger (the defendant) will damage or destroy the property to be attached].

This motion is based upon plaintiff's complaint, the affidavit(s) of (name[s]) [, the certificate of plaintiff's attorney] annexed hereto as exhibits, 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 of 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 motion.]

(date and signature block)

EX PARTE ORDER APPROVING ATTACHMENT AND TRUSTEE PROCESS

Upon written motion, and upon testimony by affidavit[s] [and other evidence under oath] the court finds:

There is a [clear danger that the defendant will withdraw goods and credits from the hands and possession of the trustee and will conceal or remove them and other property to be attached from the State]/[and]/[there is immediate danger that [the defendant] may damage or destroy property to be attached] if notified in advance of the attachment; and
It is more likely than not that in this action the plaintiff will recover judgment, including interest and costs, in an amount not less than $_______; provided, however, that the first $100.00 of demand bank accounts held by any one trustee shall be exempt from Trustee Process issued pursuant to this Ex Parte Order.

    Dated ______________________________________      ______________________________________
                                                                                                                      [Justice, Superior Court]
                                                                                                                       [Judge, District Court]

[FN1] Rule 7(b)(3) requires that a draft order which grants the motion and specifically sets forth the relief granted must accompany all motions. The draft order may be incorporated in the motion as in this example, or may be attached as a separate document. If the order is attached as a separate document, it should include the appropriate caption and title.

[FN2] 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.