Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 171 Limitation; length of imprisonment
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No person shall be arrested in any civil action except as provided in this chapter. No person upon civil arrest shall be detained in custody for a longer period than three months.
5 V.I.C. § 172 Cases in which arrest may be made
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(a) A male defendant may be arrested in the following cases:(1) In an action for the recovery of money or damages when the defendant is about to remove from the Virgin Islands with intent to defraud his creditors, or when the action is for any injury to person, or for willfully i…
5 V.I.C. § 173 Procedure for arrest
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(a) At any time after the commencement of a civil action, and before judgment, the plaintiff shall, in the discretion of the court, be entitled to a writ of arrest for the defendant for any of the causes specified in section 172 of this title, whenever he makes and files with the…
5 V.I.C. § 174 Discharge of defendant upon bail or deposit
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The defendant, at any time before execution, shall be discharged from the arrest, either upon giving bail or upon depositing the amount mentioned in the writ of arrest, as provided in this chapter.
5 V.I.C. § 175 Form of bail
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The defendant may give bail by executing a written undertaking in favor of the plaintiff with a corporate surety or two or more individual sureties unless the court determines that one individual surety is sufficient, stating their places of residence, to the effect that the defe…
5 V.I.C. § 176 Proceedings against sureties
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In case of the failure to comply with any undertaking given under this chapter, the liability of the sureties may be enforced on motion without the necessity of an independent action. By entering into an undertaking under this chapter, the sureties submit themselves to the jurisd…
5 V.I.C. § 177 Exoneration of bail
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The bail may be exonerated, either by the death of the defendant or his imprisonment in the penitentiary, or by his legal discharge from the obligation to render himself amenable to the process.
5 V.I.C. § 178 Service of undertaking on plaintiff; refusal to accept
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Within three days after the execution of the undertaking of the bail the marshal having the defendant in custody shall deliver to the plaintiff or his attorney, or such other person as the plaintiff may direct, a certified copy of the undertaking, with the date of the arrest indo…
5 V.I.C. § 179 Notice of justification of sureties
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On the receipt of notice that the plaintiff does not accept the bail, the marshal or defendant may, within ten days thereafter, give to the plaintiff or his attorney notice of the justification of the same or other sureties, specifying the place of residence and occupation of the…
5 V.I.C. § 180 Qualifications of sureties for bail
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(a) The qualifications of individual sureties for bail shall be as follows:(1) Each of them shall be a resident of the Virgin Islands.(2) Over and above all debts and liabilities, and exclusive of property exempt from execution, each surety shall be worth the amount specified in …
5 V.I.C. § 181 Justification of sureties for bail
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For the purpose of justification each of the individual sureties for bail, or an authorized agent of the corporate surety for bail, shall appear before the judge or clerk at the time and place mentioned in the notice, and may be examined on oath, on the part of the plaintiff, tou…
5 V.I.C. § 182 Allowance of bail
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If the judge or clerk allows the bail as sufficient, he shall annex the examination to the undertaking, indorse his allowance thereon, and cause them to be filed with the clerk of the court in which the action is pending. The marshal shall thereupon be exonerated from liability.
5 V.I.C. § 183 Deposit in lieu of bail
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(a) The defendant may at the time of his arrest, instead of giving bail, deposit with the marshal the amount mentioned in the writ. Thereupon the marshal shall give the defendant a certificate of the deposit made and the defendant shall be discharged from custody. (b) The marshal…
5 V.I.C. § 184 Expense of maintenance of defendant
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There shall be allowed to the marshal for the food and maintenance of any defendant arrested under the provisions of this chapter two dollars per day, and the plaintiff shall be liable in the first instance for such expense, and if required by the marshal shall pay the same weekl…
5 V.I.C. § 185 Vacation of arrest or reduction of bail
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(a) A defendant arrested may, at any time before judgment, apply on motion to the court in which the action is pending, upon notice to the plaintiff, to vacate the writ of arrest. (b) If a motion is made upon affidavits or other proofs on the part of the defendant, but not otherw…