Title 5 — Judicial Procedure

The defendant may, within three days after the service of a copy of the affidavit and undertaking give notice to the marshal that he excepts to the sufficiency of the sureties. If he fails to do so, he shall be deemed to have waived all objection to them. When the defendant excep…

At any time before the delivery of the property to the plaintiff the defendant may, if he does not except to the sureties of the plaintiff, require the return thereof upon giving to the marshal a written undertaking, executed by two or more sufficient sureties, to be approved by …

The defendant's sureties, upon a notice to the plaintiff or his attorney of not less than two nor more than six days, shall justify before the judge or the clerk of the court in which the action is pending, in the same manner as upon bail on arrest. Upon such justification the ma…

Qualifications of sureties and their justification shall be the same as prescribed in respect to bail upon an order of arrest.

If the property or any part thereof is concealed in a building or inclosure the marshal shall publicly demand its delivery. If it is not delivered he shall cause the building or inclosure to be broken open and take the property into his possession, and if necessary he may call to…

When the marshal has taken the property as in this chapter provided, he shall keep it in a secure place and deliver it to the party entitled thereto upon receiving his lawful fees for taking and his necessary expenses for keeping the same. The marshal shall insure the property up…

If the property taken is claimed by any other person than the defendant or his agent, and such person makes affidavit of his title thereto or his right to the possession thereof, stating the grounds of such title or right, and serves the same upon the marshal before the delivery …

The marshal shall file the affidavit, with his proceedings thereon including an inventory of the property taken, with the clerk of the court in which the action is pending within twenty days after taking the property mentioned therein.

(1) The plaintiff, at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment, as in this chapter p…

(1) A writ of attachment shall be issued by the clerk of the court in which the action is pending, whenever the plaintiff or anyone in his behalf makes and files an affidavit showing:(1) That the defendant is indebted to the plaintiff (specifying the amount of such indebtedness o…

After filing the affidavit with the clerk, the plaintiff shall be entitled to have the writ issued as soon as he files with the clerk his undertaking, with one or more sureties, in a sum not less than one hundred dollars, and equal to the amount for which the plaintiff demands ju…

The writ shall be directed to the marshal and shall require him to attach and safely keep all the property of such defendant not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand, the amount of which shall be stated in conformity wit…

The rights or shares which such defendant may have in the stock of any association or corporation, together with the interest and profits thereon, and all other property of such defendant in the Virgin Islands, not exempt from execution, shall be liable to be attached. The marsha…

(1) The marshal to whom the writ is delivered shall execute the same without delay, as follows:(1) Real property shall be attached by leaving with the occupant thereof, or if there be no occupant, in a conspicuous place therein, a copy of the writ certified by the marshal.(2) Per…

(a) From the date of the attachment until it is discharged or the writ executed, the plaintiff as against third persons shall be deemed a purchaser in good faith and for a valuable consideration of the property, real or personal, attached, subject to the conditions prescribed in …

If real property is attached, the marshal shall make a certificate containing the title of the cause, the names of the parties, a description of such real property, and a statement that the same has been attached at the action of the plaintiff and the date thereof. Within ten day…

If any of the property attached is perishable, the marshal shall sell the same in the manner in which property is sold on execution. The proceeds thereof and other property attached shall be retained by him to answer any judgment that may be recovered in the action, unless sooner…

The marshal may deliver any of the property attached to the defendant, or to any other person claiming it, upon his giving a written undertaking thereof, executed by two or more sufficient sureties, engaging to redeliver it or pay the value thereof to the marshal, to whom executi…

If judgment is recovered by the plaintiff, and it shall appear that the property has been attached in the action and has not been sold as perishable property or discharged from the attachment as provided by law, the court shall order and adjudge the property to be sold to satisfy…

If judgment is not recovered by the plaintiff, all the property attached, or the proceeds thereof, or the undertaking thereof, shall be returned to the defendant upon his serving upon the marshal a certified copy of the order discharging the attachment.

(a) Whenever the defendant has appeared in the action he may apply upon notice to the plaintiff to the court in which the action is pending or to the clerk of such court, for an order to discharge the attachment upon the execution of the undertaking mentioned in subsection (b) of…

When the writ of attachment shall be fully executed or discharged, the marshal shall return the same, with his proceedings indorsed thereon to the clerk of the court where the action was commenced.

(a) Whenever the marshal with a writ of attachment against the defendant, applies to any person or officer mentioned in paragraph (3) of section 256 of this title, for the purpose of attaching any property mentioned therein, such person or officer shall furnish him with a certifi…

After the allowance of the order and before such garnishee or officer thereof is thereby required to appear, or within a time to be specified in the order, the plaintiff may serve upon such garnishee or officer thereof written allegations and interrogatories touching any of the p…

On the day when the garnishee or officer thereof is required to appear before the court, he shall return the allegations and interrogatories of the plaintiff to the court with his written answer thereof, unless for good cause shown a further time is allowed. Such answer shall be …

If the garnishee or officer thereof fails to answer, the court, on motion of the plaintiff, may compel him to do so, or the plaintiff may, at any time after the entry of judgment against the defendant in the action have judgment against the garnishee for want of such answer. In n…

The plaintiff may except to the answer of the garnishee or officer thereof for insufficiency, within such time as may be prescribed or allowed, and if the same is adjudged insufficient, such garnishee or officer may be allowed to amend his answer on such terms as may be proper, o…

The plaintiff may reply to the whole or part of the answer within such time as may be prescribed or allowed, and the issues arising thereon shall be tried as ordinary issues of fact between plaintiff and defendant. If the answer is not excepted or replied to within the time presc…

If by the answer it appears, or if upon trial it is found, that the garnishee, at the time of the service upon him or the officer thereof of the copy of the writ of attachment and notice, had any property of the defendant liable to attachment as provided in paragraph (3) of secti…

Executions may issue upon judgments against a garnishee as upon ordinary judgments between plaintiff and defendant, and costs and disbursements shall be allowed and recovered in like manner.

At the time of the application of the plaintiff for the order provided for in section 265 of this title and at any time thereafter before judgment against the garnishee, the court in its discretion may by order restrain the garnishee from paying, transferring, or in any manner di…

The right of trial by jury as declared by the Seventh Amendment to the Constitution of the United States shall apply in civil actions in the District Court of the Virgin Islands, except as otherwise provided by law.

The trial jury in civil actions shall consist of twelve persons, unless the parties consent to a lesser number. The trial jury shall be drawn by lot by the clerk from a trial jury box containing the names of those who have been summoned and not excused as jurors under chapter 29 …

(a) In civil cases each party shall be entitled to three peremptory challenges. Several defendants or several plaintiffs shall be considered as a single party for the purpose of making challenges. If there is more than one defendant the court may allow the defendants additional p…

As soon as the trial jury in a civil action has been selected, an oath or affirmation shall be administered to the jurors to the effect that they and each of them will well and truly try the matter in issue between the plaintiff and defendant, and a true verdict given according t…

(1) When the jury has been selected and sworn, the trial shall proceed in the following order, unless the court for special reasons otherwise directs:(1) The plaintiff shall state briefly his cause of action, and the issue to be tried; the defendant shall then in like manner stat…

Whenever, in the opinion of the court, it is proper that the jury should have a view of real property which is the subject of the litigation, or of the place in which any material fact occurred, it may order the jury to be conducted in a body, in the custody of a proper officer, …

The jurors may be kept together in charge of a proper officer, or may, in the discretion of the court, at any time before the submission of the cause to them, be permitted to separate. In either case they may be admonished by the court that it is their duty not to converse with a…

After hearing the charge the jury may either decide in the jury box or retire for deliberation. If they retire they must be kept together in a room provided for them, or some other convenient place, under the charge of one or more officers, until they agree upon their verdict or …

If while the jury are kept together, either during the progress of the trial or after their retirement for deliberation, the court orders them to be provided with suitable and sufficient food and lodging, they shall be so provided by the marshal, at the expense of the party reque…

Upon retiring for deliberation the jury may take with them the pleadings in the cause, and all papers which have been received as evidence on the trial (except depositions, or copies of such parts of public records or private documents given in evidence as ought not, in the opini…

After the jury have retired for deliberation, if they desire to be informed on any point of law arising in the case, they may require the officer having them in charge to conduct them into court. Upon their being brought into court the instruction required shall be given by the c…

Except in case of some accident or calamity requiring their discharge, the jury shall not be discharged after the cause is submitted to them until they have agreed upon a verdict and given it in open court, unless by the consent of both parties entered in the minutes or unless at…

When five-sixths of the jury have agreed upon their verdict they shall be conducted into court by the officer having them in charge. They shall be asked by the court or the clerk whether they have agreed upon their verdict, and if the foreman answers in the affirmative he shall, …

When a verdict is given and before it is filed, the jury may be polled on the request of either party, for which purpose each shall be asked whether it is his verdict. If more than one-sixth of the jurors answer in the negative, the jury shall be sent out for further deliberation…

When the verdict is given, and is such as the court may receive, and the jury is not again sent out, the clerk shall file the verdict. The verdict is then complete, and the jury shall be discharged from the case. The verdict shall be in writing, and under the direction of the cou…

In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or the defendant by his answer claims a return thereof, the jury shall assess the value of the property, if their verdict is in favor of the plaintiff or if they …

(a) On the confession of the defendant, with the assent of the plaintiff of his attorney, judgment may be given against the defendant in any action, before or after answer, for any amount or relief not exceeding or different from that demanded in the complaint. (b) When the actio…

(a) On the confession of any person capable of being made a party defendant to an action, judgment may be given against such person without action, in favor of anyone, either for money due or to become due, or to secure any person against contingent liability on behalf of the def…

(a) Parties to a question in controversy, which might be the subject of an action in a court of record may submit the same to the determination of such court without action, as provided in this section. (b) The parties as plaintiff and defendant shall state, in writing, a case co…