Rule 64-II - Replevin Actions(a) INITIATING ACTION; NOTIFYING THE JUDGE. A complaint in replevin must be accompanied by an affidavit meeting the requirements of D.C. Code § 16-3703 (2012 Repl.). On filing any action in replevin and before process is placed in the hands of the United States marshal or deputy marshal or other process server, the plaintiff, personally or by his or her attorney, will bring the action to the attention of the judge to whom the case is assigned under General Family Rule R(a)(2).(b) HEARING ON APPLICATION FOR WRIT; ORDER TO PRESERVE PROPERTY. (1)Setting a Hearing. When notifying the judge of the action, the plaintiff may request that the judge set a date for a hearing at which the plaintiff will be required to establish the probable validity of the claim and the defendant will be given an opportunity to appear and be heard with respect to whether a writ of replevin should issue.(2)Order to Preserve Property. If the judge determines the plaintiff has filed a verified complaint alleging the defendant is wrongfully detaining the specified property that the plaintiff is entitled to possess, the judge may issue an order: (A) directing the defendant to preserve the property that is the subject of the action in his or her possession or under his or her control so as to keep it amenable to the process of the court pending further order of the court;(B) indicating the date on which the plaintiff's application for a writ of replevin will be heard; and(C) informing the defendant that he or she may be heard at that time, with or without witnesses, on whether the writ should issue.(3)Service of Process. The order must direct the plaintiff to serve a copy of the summons, complaint, and order on the defendant at least 7 days prior to the hearing date. A plaintiff who does not effect service on time must apply to the judge to whom the case is assigned to set a later hearing date, which will provide the defendant with sufficient time to adequately prepare. The order may require actions by the plaintiff designed to accomplish prompt and expeditious notice to the defendant.(c) ISSUING THE WRIT AFTER HEARING; REQUIRING A SECURITY FROM THE DEFENDANT. At the conclusion of the hearing, the judge may authorize the issuance and execution of a writ of replevin or may, if it appears just, permit all or part of the property to remain in the possession of the defendant pending further order of the court. If the defendant remains in possession of the property, the court may require the defendant to post an appropriate surety bond or other undertaking or may otherwise provide for the protection of the property pursuant to D.C. Code § 16-3708 (2012 Repl.).(d) ISSUING THE WRIT PRIOR TO HEARING.(1)In General. In the initial application, the plaintiff may apply for issuance of the writ without prior adversary hearing on the ground that there is an immediate danger that the defendant will destroy or conceal the property in dispute or on any other ground set forth in D.C. Code § 16-501(d)(2) -(5) (2012 Repl.) as a basis for attachment before judgment.(2)Judicial Action. The judge may authorize the immediate issuance of the writ prior to the hearing only if the application is supported by affidavit or sworn testimony reciting specific facts that tend to establish the required grounds. If the judge authorizes the issuance of the writ, findings of fact and conclusions of law, which state the basis of the need for immediate issuance must be entered on the record.(3)Vacating the Writ. After at least 24 hours notice to the plaintiff, the defendant against whom a writ has been issued without a hearing may apply to the court to have the writ vacated. Regardless, if such writ issues, a hearing must take place on the fifth day after execution of the writ. It is the duty of plaintiff's counsel to notify the court promptly of the execution of the writ.(e) EXPEDITED TRIAL. Trial of all actions in replevin must be expedited.COMMENT TO 2018 AMENDMENTS
This rule conforms to Civil Rule 64 -II. It incorporates the substance of former Rule 64(c).