As amended through October 11, 2024
Rule 64-I - Attachment Before Judgment(a) APPLICATION AND NOTICE TO DEFENDANT.(1)Requirements. An application for a writ of attachment and garnishment before judgment must be accompanied by: (A) an affidavit setting forth specific facts meeting the requirements of D.C. Code § 16-501(c) and (d) (2012 Repl.);(B) a Notice to Defendant on a form provided by the clerk; and(C) if the defendant's address is unknown, an affidavit setting forth the plaintiff's reasonable efforts to ascertain the defendant's mailing address.(2)Actions by the Clerk. The clerk must:(A) send the notice to the defendant by first class mail at the address shown on the notice, or in the case of a foreign corporation, to its registered agent, if any; and(B) note on the docket the date the notice is mailed.(b) ISSUANCE. An application for a writ of attachment before judgment and a bond required under D.C. Code § 16-501(e) (2012 Repl.) must be submitted as provided in General Family Rule R(a)(2) to the judge-who may approve or deny issuance or direct further hearings before issuance as deemed appropriate.(c) GARNISHEE'S ANSWER; APPLICANT'S RESPONSE. Within 10 days after accepting service of the writ of attachment, a garnishee must file an answer to the interrogatories with the clerk and serve a copy of the answer on the defendant and the party for whom the garnishment was issued. If within 14 days after service of the answer, or at a later time if the court allows, the party for whom the garnishment was issued fails to contest the answer to the interrogatories in accordance with D.C. Code § 16-522 (2012 Repl.), the garnishee's obligations under the attachment will be limited by his or her answer.(d) HEARING. If a hearing is held as a result of the defendant or the garnishee filing a traversing affidavit under D.C. Code § 16-506 (2012 Repl.), the plaintiff must 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 Rule 64 -I(b) becomes effective the date it is delivered to the United States marshal or deputy marshal.(f) EXPEDITION OF MOTIONS TO QUASH. The court must hear all motions to quash attachments on an expedited basis. On at least 5 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, the court may in its discretion permit discovery in attachment before judgment proceedings in the manner provided in Rule 69 -I.COMMENT TO 2018 AMENDMENTS
This rule conforms to Civil Rule 64 -I. It incorporates the substance of former Rule 64(b).