§ RULE 64. SEIZURE OF PERSONS OR PROPERTY

Codes > Delaware Superior Court Rules of Civil Procedure > VIII. Provisional > RULE 64.

RULE 64. SEIZURE OF PERSONS OR PROPERTY

(a) Generally. At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of compelling appearance or securing satisfaction of a judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the statute.

(b) [Repealed].

(c) Motion by Defendant for Discharge on Common Bail. Upon the serving of a motion by a defendant for discharge on common bail, the Court shall issue a rule fixing a time for hearing the motion. Unless at or before the time fixed for the hearing, the plaintiff shall file an affidavit to hold to special bail, the defendant shall be discharged upon common bail. Upon the filing by plaintiff of an affidavit to hold to special bail, the Court after hearing the parties may make such order as it deems proper.

(d) Special Bail; Notice of Justification. In all cases of taking special bail by the Prothonotary, reasonable notice of justification shall be given to the opposite party or his attorney.