Ala. R. Civ. P. Form 91

As amended through July 15, 2024
Form 91 - Order for hearing on application for writ of seizure

IN THE CIRCUIT COURT OF ___________ COUNTY, ALABAMA

______________________,

Plaintiff,

______________________,

Defendant(s).

ORDER FOR HEARING ON APPLICATION FOR WRIT OF SEIZURE

The Plaintiff having made affidavit in compliance with Rule 64(b) of the Alabama Rules of Civil Procedure and therein having identified defendant ________ as in possession of the following described property, to-wit:

__________________________________________________________________

__________________________________________________________________

and the court having examined said affidavit and having failed to make a preliminary finding for the plaintiff on the plaintiff's request for the immediate issuance of a writ of seizure, it is,

ORDERED, ADJUDGED and DECREED THAT A HEARING BE HELD ON THE ______ DAY OF _____, 19__, AT _______________ O'CLOCK, _________________ .M., AT WHICH TIME PLAINTIFF SHALL HAVE THE BURDEN OF SHOWING GOOD CAUSE FOR THE PRE-JUDGMENT SEIZURE, BUT, UPON THE DEFAULT OF SAID DEFENDANT TO APPEAR AS DIRECTED HEREINABOVE THEN THE SAID DEFENDANT SHALL BE DEEMED TO HAVE WAIVED ANY OBJECTIONS TO THE PRE-JUDGMENT SEIZURE OF PROPERTY.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that pursuant to Rule 64 of the Alabama Rules of Civil Procedure the Defendant is HEREBY RESTRAINED AND ENJOINED from disposing of or altering in any form the property hereinabove described pending the order as herein provided. DISPOSITION OF OR ALTERATION TO THE PROPERTY IN VIOLATION OF THIS ORDER MAY SUBJECT THE DEFENDANT TO PUNISHMENT FOR CONTEMPT OF COURT.

It is the further order of this Court that a copy of this order be served upon said defendant forthwith.

DONE this _____ day of _____ 19__.

__________________________

CIRCUIT JUDGE

Ala. R. Civ. P. Form 91

Adopted 10/28/1975.