At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of securing satisfaction of the potential judgment are available under the circumstances and in the manner provided by law.
Rule 64.Seizing a person or property
Title IX: Provisional and Final Remedies · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 64 confirms that remedies for seizing a person or property to secure a future judgment, such as attachment or arrest, remain available under Idaho law throughout a lawsuit.
Full Text of Rule 64
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Sometimes a party needs to lock down assets or a person before a case is finally decided, so that any eventual judgment is not left uncollectible. Rule 64 does not create new seizure remedies of its own. Instead, it confirms that whatever remedies Idaho law already provides for seizing property or a person, to secure satisfaction of a judgment that has not yet been entered, remain available both at the start of a case and as it proceeds.
Because the rule points to remedies available "under the circumstances and in the manner provided by law," a party looking to use one of these tools, such as a writ of attachment, needs to look to the specific Idaho statute governing that remedy for the requirements and procedure. Rule 64 keeps the door open for those statutory remedies to operate alongside the civil rules.
Frequently Asked Questions
Does Rule 64 create a new way to seize property?
No. It confirms that existing remedies under Idaho law for seizing property or a person remain available during a lawsuit; the specific requirements come from the statute governing that remedy.
When during a case can these seizure remedies be used?
Rule 64 says they are available both at the commencement of an action and throughout the course of the litigation.
What is the purpose of seizing property before judgment?
The rule describes it as securing satisfaction of the potential judgment, so that assets or a person subject to the court's authority do not disappear before the case is decided.
Where do I find the procedure for a specific remedy like attachment?
Rule 64 does not spell out procedures itself; it directs parties to the manner provided by law, meaning the applicable Idaho statute for that remedy.
Is Rule 64 the same as a preliminary injunction?
No. Preliminary injunctions and temporary restraining orders are governed separately by Rule 65; Rule 64 addresses remedies that seize a person or property to secure a judgment.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as: prejudgment attachmentwrit of attachment idahoseizure of property before judgmentprejudgment remedies