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.

8-201. Right to discharge. Any person confined in jail on an execution issued on a judgment rendered in a civil action must be discharged therefrom upon the conditions in this chapter specified.

8-202. Notice of application. Such person must cause a notice in writing to be given to the plaintiff, his agent or attorney, that at a certain time and place he will apply to the judge of the district court of the county in which such person may be confined, or, in case of his a…

8-203. Service of notice. Such notice must be served upon the plaintiff, his agent or attorney, one (1) day at least before the hearing of the application.

8-204. Examination of debtor. At the time and place specified in the notice, such person must be taken before such judge, who must examine him under oath concerning his estate, and property, and effects, and the disposal thereof, and his ability to pay the judgment for which he i…

8-205. Interrogatories may be propounded. The plaintiff in the action may, upon such examination, propose to the prisoner any interrogatories pertinent to the inquiry, and they must, if required by him, be proposed and answered in writing, and the answer must be signed and sworn …

8-206. Oath prior to discharge. If, upon the examination, the judge is satisfied that the prisoner is entitled to his discharge, he must administer to him the following oath, to wit: "I, …., do solemnly swear that I have not any estate, real or personal, to the amount of fifty do…

8-207. Order of discharge. After administering the oath the judge must issue an order that the prisoner be discharged from custody, and the officer, upon the service of such order, must discharge the prisoner forthwith, if he be imprisoned for no other cause.

8-208. Reapplication for discharge. If such judge does not discharge the prisoner, he may apply for his discharge at the end of every succeeding thirty (30) days, in the same manner as above provided, and the same proceedings must thereupon be had.

8-209. Discharge is final. The prisoner after being so discharged is forever exempted from arrest or imprisonment for the same debt, unless he be convicted of having wilfully sworn falsely upon his examination before the judge, or in taking the oath before prescribed.

8-210. Judgment remains in force. The judgment against any prisoner who is discharged remains in full force against any estate which may then, or at any time afterward during the life of the judgment, belong to him, and the plaintiff may take out a new execution against the goods…

8-211. Discharge by order of plaintiff. The plaintiff in the action may at any time order the prisoner to be discharged, and he is not thereafter liable to imprisonment for the same cause of action.

8-212. Advance of board money. Whenever a person is committed to jail on an execution issued on a judgment recovered in a civil action, the creditor, his agent or attorney, must advance to the jailer on such commitment, sufficient money for the board of the prisoner, at the rate …

8-301. Delivery of personal property may be claimed. The plaintiff in an action to recover the possession of personal property may, at the time of issuance of summons, or at any time before trial, claim the delivery of such property to him as provided in this chapter.

8-302. Affidavit of claim — Show cause order — Writ of possession. (1) Where a delivery is claimed, the plaintiff, by verified complaint or by an affidavit made by plaintiff or by someone on his behalf, filed with the court, shall show: (a) That the plaintiff is the owner of the …

8-303. Plaintiff’s undertaking. A writ of possession shall not issue until plaintiff has filed with the court a written undertaking executed by two (2) or more sufficient sureties, to the effect that they are bound to the defendant in double the value of the property, as determin…

8-304. Contents of writ. (1) The writ of possession shall be directed to the sheriff within whose jurisdiction the property is located. It shall describe the specific property to be seized, and shall specify the location or locations where, as determined by the court from all the…

8-305. Seizure by sheriff — Service of writ. The sheriff shall forthwith take the property, if it be in the possession of the defendant or his agent, and retain it in his custody, either by removing the property to a place of safekeeping or, upon good cause shown, by installing a…

8-306. Defendant’s undertaking — Return of property. At any time prior to the hearing of the order to show cause, or before the delivery of the property to the plaintiff, the defendant may require the return thereof upon filing with the court a written undertaking executed by two…

8-307. Qualifications of sureties — Protests. The qualification of sureties under any written undertaking referred to in this chapter shall be such as are prescribed by this code, in respect to bail upon an order of civil arrest. Either party may, within two (2) days after servic…

8-308. Duties of sheriff. When the sheriff has taken property as provided in this chapter, he shall keep it in a secure place and deliver it to the party entitled thereto upon receiving his fees for taking and his necessary expenses for keeping the same, after expiration of five …

8-309. Third party claims. In cases where the property taken is claimed by any person other than the defendant or his agent, the rules and proceedings applicable in cases of third party claims after levy under execution shall apply.

8-310. Return of writ. The sheriff shall return the writ of possession, with his proceedings thereon, to the court in which the action is pending, within twenty (20) days after taking the property mentioned therein.

8-311. Orders to protect possession. After the property has been delivered to a party or the value thereof secured by an undertaking as provided in this chapter, the court shall, by appropriate order, protect that party in the possession of such property until the final determina…

8-312. Early settings. In all proceedings brought to recover the possession of personal property, all courts in which such actions are pending, shall, upon request of any party thereto, give such actions precedence over all other civil actions, except actions to which special pre…

8-501. Attachment — When applied for. The plaintiff at the time of the issuing of summons, or at any time afterwards may make application to have the property of the defendant attached in accordance with the procedures provided for in this chapter, as security for the satisfactio…