Supreme Court Rules - Rule 76 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Executions: Execution

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Supreme Court Rules

		Section/Rule:	76.04
Subject:	Rule 76 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Executions	Publication / Adopted Date:	June 10, 1980
Topic:	Execution - When Returnable	Revised / Effective Date:	January 1, 1983

76.04. Execution - When Returnable

An execution shall be returned at a date designated by the applicant, which shall not be less than thirty days nor more than ninety days after it is issued.

When an execution is levied upon property and a sale is not made before the return date of the execution, the execution and any lien created thereby shall remain in force for one hundred eighty days after the issuance of the execution or until the property is sold, whichever period is shorter.

(Adopted June 10, 1980, eff. Jan. 1, 1981. Amended May 18, 1981, eff. Jan. 1, 1982; June 24, 1982, eff. Jan. 1, 1983.)

Committee Note - 1983

The first paragraph is a change from prior Rule

76.04

in that it shortens the maximum return date for an execution from one year to ninety days. It is substantially the same as prior Rule

76.04

, which was repealed on January 1, 1981.

The second paragraph is substantially the same as prior Rules 76.47 and 76.48, which were repealed on January 1, 1981.

Committee Note - 1981

This is new.

Compare:

Prior Rule 76.04