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Rule64E. Writ of execution.

(a)Availability. A writ of execution is availableto seize property in the possession or under the control of the defendantfollowing entry of a final judgment or order requiring the delivery of propertyor the payment of money.

(b)Application. To obtain a writ of execution,the plaintiff shall file an application stating:

(b)(1) the amount of the judgmentor order and the amount due on the judgment or order;

(b)(2) the nature, location andestimated value of the property; and

(b)(3) the name and address ofany person known to the plaintiff to claim an interest in the property.

(c)Death of plaintiff. If the plaintiff dies, a writ ofexecution may be issued upon the affidavit of an authorized executor oradministrator or successor in interest.

(d)Reply to writ; request for hearing.

(d)(1) The defendant may reply tothe writ and request a hearing. The reply shall be filed and served within 14days after service of the writ and accompanying papers upon the defendant.

(d)(2) The court shall set thematter for an evidentiary hearing as soon as possible and not to exceed 14days. If the court determines that the writ was wrongfully obtained, or thatproperty is exempt from seizure, the court shall enter an order directing theofficer to release the property. If the court determines that the writ wasproperly issued and the property is not exempt, the court shall enter an orderdirecting the officer to sell or deliver the property. If the date of sale haspassed, notice of the rescheduled sale shall be given. No sale may be helduntil the court has decided upon the issues presented at the hearing.

(d)(3) If a reply is not filed,the officer shall proceed to sell or deliver the property.

(e)Mortgage foreclosure governed by statute.Utah Code Title 78B, Chapter6, Part 9, Mortgage Foreclosure, governs mortgage foreclosureproceedings notwithstanding contrary provisions of these rules.