Rule 64.Seizing a person or property.
Last verified July 1, 2026
Full Text of Rule 64
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
Before a case even goes to trial, a party sometimes needs to secure the person or property a judgment might later reach — otherwise a defendant could hide assets or disappear before the plaintiff can collect. Rule 64 opens the door to every remedy the law provides for that purpose, whether it is arrest, attachment, garnishment, replevin, sequestration, or any comparable device, no matter how it is labeled. This remedy is available from the moment an action begins and continues throughout the case.
Rule 64 itself doesn't create these remedies or spell out how to use them; it confirms that they remain open to a party, whether the specific remedy is folded into the underlying lawsuit or requires a separate action of its own. The mechanics for each individual remedy come from other rules and statutes designed for that purpose.
Frequently Asked Questions
What remedies does Rule 64 make available?
Arrest, attachment, garnishment, replevin, sequestration, and any other corresponding or equivalent remedy authorized by law.
When can a party use one of these remedies?
At the commencement of an action and at any point afterward, to help secure satisfaction of a judgment that may eventually be entered.
Does Rule 64 itself explain how to get one of these remedies?
No. Rule 64 confirms that the remedies are available; the specific procedures for each one come from other rules and statutes.