Title 8, PROVISIONAL REMEDIES IN CIVIL ACTIONS

8-101. Arrest in civil action. No person can be arrested in a civil action except as prescribed in this Code.

8-102. Grounds for arrest. The defendant may be arrested as hereinafter prescribed, in the following cases: 1. In an action for the recovery of money or damages on a cause of action arising upon a contract express or implied where the defendant is about to depart from the state w…

8-103. Order for arrest. An order for the arrest of the defendant must be obtained from a judge of the court in which the action is pending.

8-104. Affidavit for arrest. The order may be made whenever it appears to the judge, by the affidavit of the plaintiff, or some other person, that a sufficient cause of action exists, and that the case is one of those mentioned in section 8-102. The affidavit must be either posit…

8-105. Undertaking required of plaintiff. Before making the order the judge must require a written undertaking on the part of the plaintiff, with sureties in an amount to be fixed by the judge, which must be at least $500, to the effect that the plaintiff will pay all costs which…

8-106. Time of making and contents of order. The order may be made at the time of the issuing of the summons, or at any time afterward before judgment. It must require the sheriff of the county where the defendant may be found forthwith to arrest him and hold him to bail in a spe…

8-107. Arrest — How made. The order of arrest, with a copy of the affidavit upon which it is made, must be delivered to the sheriff, who, upon arresting the defendant, must deliver to him a copy of the affidavit, and also, if desired, a copy of the order of arrest.

8-108. Arrest — Custody of defendant. The sheriff must execute the order by arresting the defendant and keeping him in custody until discharged by law.

8-109. Right to bail. The defendant, at any time before execution, must be discharged from the arrest, either upon giving bail or depositing the amount mentioned in the order of arrest.

8-110. Bail — How given. The defendant may give bail by causing a written undertaking to be executed by two (2) or more sufficient sureties, to the effect that they are bound in the amount mentioned in the order of arrest that the defendant will at all times render himself amenab…

8-111. Surrender of defendant by bail. At any time before judgment or within ten (10) days thereafter, the bail may surrender the defendant in their exoneration, or he may surrender himself to the sheriff of the county where he was arrested.

8-112. Surrender — How made — Exoneration or charge of bail. For the purpose of surrendering the defendant, the bail, at any time or place before they are finally charged, may themselves arrest, or, by a written authority indorsed on a certified copy of the undertaking, may empow…

8-113. Proceedings against bail. If the bail neglect or refuse to pay the judgment within ten (10) days after they are finally charged, an action may be commenced against such bail for the amount of the original judgment.

8-114. Exoneration of bail. The bail are exonerated by the death of the defendant or his imprisonment in the state prison, or by his legal discharge from the obligation to render himself amenable to the process.

8-115. Return by sheriff of order and bail bond — Notice by plaintiff — Filing of bond. Within the time limited for that purpose, the sheriff must file the order of arrest in the office of the clerk of the court in which the action is pending, with his return indorsed thereon, to…

8-116. Justification of bail — Notice — New undertaking. Within five (5) days after the receipt of notice, the sheriff or defendant may give the plaintiff or his attorney, notice of the justification of the same, or other bail (specifying the places of residence and occupation of…

8-117. Qualifications of bail. The qualifications of bail are as follows: 1. Each of them must be resident and householder or freeholder within the state. 2. Each must be worth the amount specified in the order of arrest, or the amount to which the order is reduced, as provided i…

8-118. Justification — How made. For the purpose of justification each of the bail must attend before the judge at the time and place mentioned in the notice, and may be examined on oath on the part of the plaintiff touching his insufficiency, in such manner as the judge in his d…

8-119. Allowance of bail. If the judge find the bail sufficient, he must annex the examination to the undertaking, indorse his allowance thereon, and cause them to be filed, and the sheriff is thereupon exonerated from liability.

8-120. Deposit with sheriff. The defendant, or a person on behalf of the defendant, may at the time of the defendant’s arrest, instead of giving bail, deposit with the sheriff the amount mentioned in the order. In case the amount of bail be reduced, as provided in this chapter, t…

8-121. Deposit — Payment into court by sheriff. The sheriff must, immediately after the deposit, pay the same into court and take from the clerk receiving the same, two (2) certificates of such payment, the one of which he shall deliver to the person who made the deposit on behal…

8-122. Substituting bail for deposit. If money is deposited, as provided in the last two (2) sections, bail may be given and may justify upon notice, at any time before judgment; and on the filing of the undertaking and justification with the clerk, the money deposited must be re…

8-123. Satisfaction of judgment from deposit — Refund. Where money has been deposited, if it remains on deposit at the time of the recovery of a judgment in favor of the plaintiff, the clerk must, under the direction of the court, apply the same in satisfaction thereof; and after…

8-126. Vacation of order of arrest — Application for. A defendant arrested may, at any time before the trial of the action, or if there be no trial, before the entry of judgment, apply to the judge of the court in which the action is pending, or to the court, upon reasonable noti…

8-127. Vacation of order of arrest — Reduction of bail. If, upon application, it appears that there was not sufficient cause for the arrest, the order must be vacated; or if it appears that the bail was fixed too high, the amount must be reduced.