12-2401. Definitions In this article, unless the context otherwise requires: 1. " Party" means any plaintiff or defendant in any civil action, in any superior or justice court of this state. 2. " Property" means any present or future interest in wages, real estate, goods, chattels or choses in action whether such interest is vested […]
12-2402. Provisional remedies without notice; grounds for issuance A. Any provisional remedy may be issued by any judge of the superior court or justice of the peace of this state before judgment and without prior notice to the party against whom it will operate in any of the following cases: 1. When the party against […]
12-2403. Provisional remedies with notice; grounds Except as provided in section 12-2402, no provisional remedy shall be issued by any judge or justice of the peace until: 1. All statutory requirements for the issuance of such provisional remedy have been complied with by the party seeking such remedy. 2. An application and notice for issuance […]
12-2404. Application for provisional remedy with notice A. A party may at any time after the filing of a civil action make application, under oath, to the court to issue any provisional remedy allowed by law. B. Such application shall be filed with the judge, justice of the peace or clerk of any superior or […]
12-2405. Notice; form of notice Upon the filing of an application as provided in section 12-2404, the justice of the peace or clerk of any superior court shall issue a notice directed to any party against whom any provisional remedy would operate substantially in the following form: " NOTICE You are hereby notified that your […]
12-2406. Service of notice and application A. A copy of the notice as set forth in sections 12-2402 and 12-2405 and a copy of the application for issuance of any provisional remedy shall be served on each party against whom any remedy will operate in the manner prescribed by law for service of a summons […]
12-2407. Time to request hearing date; form of request A. Each party served with a copy of the notice set forth in section 12-2405 and an application for any provisional remedy may request a date be set for the hearing on such application by filing with the clerk of the court within ten days after […]
12-2408. Default A. If no request for hearing date is filed within the time provided by section 12-2407, the party seeking any provisional remedy, or that party’s attorney, shall file an affidavit of default setting forth that service was made, that no request for hearing date was filed and that the party against whom any […]
12-2409. Judicial review of application; issuance of provisional remedies A. The judge or justice of the peace shall within five days, exclusive of weekends and holidays, after entry of default as provided in section 12-2408, review and examine all pleadings, affidavits and documents filed in the action to determine the following: 1. That an affidavit […]
12-2410. Hearing; procedure; issues A. Upon filing of a request for hearing pursuant to section 12-2407, the party seeking any provisional remedy or the court shall cause the matter to be set for hearing. B. Hearing shall be before a judge or justice of the peace and shall be heard no later than five days […]
12-2411. Attorney’s fees If a hearing is held pursuant to section 12-2402, subsection C, or section 12-2410 and the provisional remedy ordered issued is quashed or no provisional remedy is ordered issued the court may award reasonable attorney’s fees to the party against whom the provisional remedy was issued or was sought to be issued.
12-2412. Waiver of right to a hearing void Notwithstanding any agreement to the contrary, a waiver of the right to a hearing provided by this article shall be void and unenforceable.
