Supreme Court Rules

First Adopted: April 04, 1977

Most Recently Effective: December 01, 1977

Rule 99 | Rules of Civil Procedure | Rules Relating to Special Actions | Replevin

99.03 | Affidavit to Obtain Immediate Possesion of Property

When a party requests immediate possession of personal property an affidavit shall be filed stating:

(a) The description of the property;

(b) Facts showing the party is entitled to the possession of the property;

(c) The actual value of the property;

(d) The property has not been seized under any legal process;

(e) The party is in danger of losing the property unless immediate possession is obtained or the property is otherwise secured.

Committee Note – 1981

The source is prior Rule 99.02.

Paragraph (b) requiring facts to be stated showing that the party is entitled to the possession of the property is new.


(Adopted April 4, 1977, effective December 1, 1977.)
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