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Rule64. Writs in general.

(a)Definitions. As used in Rules 64, 64A, 64B, 64C, 64D, 64E, 69A, 69B and 69C:

(a)(1) "Claim" means aclaim, counterclaim, cross claim, third party claim or any other claim.

(a)(2) "Defendant"means the party against whom a claim is filed or against whom judgment has beenentered.

(a)(3) "Deliver" meansactual delivery or to make the property available for pick up and give to theperson entitled to delivery written notice of availability.

(a)(4) "Disposableearnings" means that part of earnings for a pay period remaining after thededuction of all amounts required by law to be withheld.

(a)(5) "Earnings" meanscompensation, however denominated, paid or payable to an individual forpersonal services, including periodic payments pursuant to a pension orretirement program. Earnings accrue on the last day of the period in which theywere earned.

(a)(6) "Notice ofexemptions" means a form that advises the defendant or a third person thatcertain property is or may be exempt from seizure under state or federal law.The notice shall list examples of exempt property and indicate that otherexemptions may be available. The notice shall instruct the defendant of thedeadline for filing a reply and request for hearing.

(a)(7) "Officer" meansany person designated by the court to whom the writ is issued, including asheriff, constable, deputy thereof or any person appointed by the officer tohold the property.

(a)(8) "Plaintiff"means the party filing a claim or in whose favor judgment has been entered.

(a)(9) "Property" meansthe defendant's property of any type not exempt from seizure. Property includesbut is not limited to real and personal property, tangible and intangibleproperty, the right to property whether due or to become due, and an obligationof a third person to perform for the defendant.

(a)(10) "Serve" withrespect to parties means any method of service authorized by Rule 5 and with respect to non-partiesmeans any manner of service authorized by Rule 4.


(b)(1)Amount. When security is required of aparty, the party shall provide security in the sum and form the court deemsadequate. For security by the plaintiff the amount should be sufficient toreimburse other parties for damages, costs and attorney fees incurred as aresult of a writ wrongfully obtained. For security by the defendant, the amountshould be equivalent to the amount of the claim or judgment or the value of thedefendant's interest in the property. In fixing the amount, the court mayconsider any relevant factor. The court may relieve a party from the necessityof providing security if it appears that none of the parties will incurdamages, costs or attorney fees as a result of a writ wrongfully obtained or ifthere exists some other substantial reason for dispensing with security. Theamount of security does not establish or limit the amount of damages, costs orattorney fees recoverable if the writ is wrongfully obtained.

(b)(2)Jurisdiction over surety. A surety submits to thejurisdiction of the court and irrevocably appoints the clerk of the court asagent upon whom papers affecting the surety's liability may be served. Thesurety shall file with the clerk of the court the address to which the clerkmay mail papers. The surety's liability may be enforced on motion without thenecessity of an independent action. If the opposing party recovers judgment orif the writ is wrongfully obtained, the surety will pay the judgment, damages,costs and attorney fees not to exceed the sum specified in the contract. Thesurety is responsible for return of property ordered returned.

(b)(3)Objection. The court may issue additionalwrits upon the original security subject to the objection of the opposingparty. The opposing party may object to the sufficiency of the security or thesufficiency of the sureties within five days after service of the writ. Theburden to show the sufficiency of the security and the sufficiency of thesureties is on the proponent of the security.

(b)(4)Security of governmental entity. No security isrequired of the United States, the State of Utah, or an officer, agency, orsubdivision of either, nor when prohibited by law.

(c)Procedures in aid of writs.

(c)(1)Referee. The court may appoint a refereeto monitor hearings under this subsection.

(c)(2)Hearing; witnesses; discovery. The court may conducthearings as necessary to identify property and to apply the property toward thesatisfaction of the judgment or order. Witnesses may be subpoenaed to appear,testify and produce records. The court may permit discovery.

(c)(3)Restraint. The court may forbid any personfrom transferring, disposing or interfering with the property.

(d)Issuance of writ; service

(d)(1)Clerk to issue writs. The clerk of the court shallissue writs. A court in which a transcript or abstract of a judgment or orderhas been filed has the same authority to issue a writ as the court that enteredthe judgment or order. If the writ directs the seizure of real property, theclerk of the court shall issue the writ to the sheriff of the county in whichthe real property is located. If the writ directs the seizure of personalproperty, the clerk of the court may issue the writ to an officer of anycounty.

(d)(2)Content. The writ may direct the officerto seize the property, to keep the property safe, to deliver the property tothe plaintiff, to sell the property, or to take other specified actions. If thewrit is to enforce a judgment or order for the payment of money, the writ shallspecify the amount ordered to be paid and the amount due.

(d)(2)(A) If the writ is issuedex parte before judgment, the clerk shall attach to the writ plaintiff'saffidavit, detailed description of the property, notice of hearing, orderauthorizing the writ, notice of exemptions and reply form.

(d)(2)(B) If the writ is issuedbefore judgment but after a hearing, the clerk shall attach to the writplaintiff's affidavit and detailed description of the property.

(d)(2)(C) If the writ is issuedafter judgment, the clerk shall attach to the writ plaintiff's application,detailed description of the property, the judgment, notice of exemptions andreply form.


(d)(3)(A)Upon whom; effective date. The officer shall serve the writand accompanying papers on the defendant, and, as applicable, the garnishee andany person named by the plaintiff as claiming an interest in the property. Theofficer may simultaneously serve notice of the date, time and place of sale. Awrit is effective upon service.

(d)(3)(B)Limits on writs of garnishment.

(d)(3)(B)(i) A writ ofgarnishment served while a previous writ of garnishment is in effect iseffective upon expiration of the previous writ; otherwise, a writ ofgarnishment is effective upon service.

(d)(3)(B)(ii) Only one writ ofgarnishment of earnings may be in effect at one time. One additional writ ofgarnishment of earnings for a subsequent pay period may be served on thegarnishee while an earlier writ of continuing garnishment is in effect.

(d)(3)(C)Return; inventory. Within 14 days after service,the officer shall return the writ to the court with proof of service. Ifproperty has been seized, the officer shall include an inventory of theproperty and whether the property is held by the officer or the officer'sdesignee. If a person refuses to give the officer an affidavit describing theproperty, the officer shall indicate the fact of refusal on the return, and thecourt may require that person to pay the costs of any proceeding taken for thepurpose of obtaining such information.

(d)(3)(D)Service of writ by publication. The court may orderservice of a writ by publication upon a person entitled to notice incircumstances in which service by publication of a summons and complaint wouldbe appropriate under Rule 4.

(d)(3)(D)(i) If service of a writis by publication, substantially the following shall be published under thecaption of the case:

To ________________________,[Defendant/Garnishee/Claimant]:

A writ of ___________ has beenissued in the above-captioned case commanding the officer of __________________County as follows:

[Quoting body of writ]

Your rights may be adverselyaffected by these proceedings. Property in which you have an interest may beseized to pay a judgment or order. You have the right to claim property exemptfrom seizure under statutes of the United States or this state, including UtahCode, Title 78B, Chapter 5, Part 5.

(d)(3)(D)(ii) The notice shall bepublished in a newspaper of general circulation in each county in which theproperty is located at least 14 days prior to the due date for the reply or atleast 14 days prior to the date of any sale, or as the court orders. The dateof publication is the date of service.

(e)Claim to property by third person.

(e)(1)Claimant's rights. Any person claiming an interestin the property has the same rights and obligations as the defendant withrespect to the writ and with respect to providing and objecting to security.Any claimant named by the plaintiff and served with the writ and accompanyingpapers shall exercise those rights and obligations within the same time allowedthe defendant. Any claimant not named by the plaintiff and not served with thewrit and accompanying papers may exercise those rights and obligations at anytime before the property is sold or delivered to the plaintiff.

(e)(2)Join claimant as defendant. The court may order any namedclaimant joined as a defendant in interpleader. The plaintiff shall serve theorder on the claimant. The claimant is thereafter a defendant to the action andshall answer within 14 days, setting forth any claim or defense. The court mayenter judgment for or against the claimant to the limit of the claimant'sinterest in the property.

(e)(3)Plaintiff's security. If the plaintiff requests thatan officer seize or sell property claimed by a person other than the defendant,the officer may request that the court require the plaintiff to file security.

(f)Discharge of writ; release of property.

(f)(1) By defendant. At any timebefore notice of sale of the property or before the property is delivered tothe plaintiff, the defendant may file security and a motion to discharge thewrit. The plaintiff may object to the sufficiency of the security or thesufficiency of the sureties within 7 days after service of the motion. At anytime before notice of sale of the property or before the property is deliveredto the plaintiff, the defendant may file a motion to discharge the writ on theground that the writ was wrongfully obtained. The court shall give theplaintiff reasonable opportunity to correct a defect. The defendant shall servethe order to discharge the writ upon the officer, plaintiff, garnishee and anythird person claiming an interest in the property.

(f)(2)By plaintiff. The plaintiff may discharge thewrit by filing a release and serving it upon the officer, defendant, garnisheeand any third person claiming an interest in the property.

(f)(3)Disposition of property. If the writ is discharged, thecourt shall order any remaining property and proceeds of sales delivered to thedefendant.

(f)(4)Copy filed with county recorder. If an orderdischarges a writ upon property seized by filing with the county recorder, theofficer or a party shall file a certified copy of the order with the countyrecorder.

(f)(5)Service on officer; disposition of property.If the order discharging the writ is served on the officer:

(f)(5)(A) before the writ isserved, the officer shall return the writ to the court;

(f)(5)(B) while the property isin the officer's custody, the officer shall return the property to thedefendant; or

(f)(5)(C) after the property issold, the officer shall deliver any remaining proceeds of the sale to thedefendant.