Rule 99.09.Hearing on Right to Possession--When--Time For.

Posting a bond isn’t the only way for a defendant to push back against a prejudgment seizure. Rule 99.09 offers an alternative: a written request for a hearing focused on one question — does the plaintiff have the right to possess the property while the case is pending? The rule sets a firm deadline, requiring the hearing within ten days of the request, so the defendant isn’t left waiting indefinitely to be heard.

This option suits a defendant who doubts the plaintiff's claim altogether, not one who only wants the property back regardless of who is ultimately entitled to it. A redelivery bond under Rule 99.07 gets the property back without resolving that underlying question; a hearing under this rule puts the question to the court directly, and quickly.

The ten-day clock is one of the rule's most practical features. Because a prejudgment seizure takes property out of a defendant's hands before the case is over, the rule makes sure a defendant who challenges that seizure gets a prompt answer instead of a drawn-out wait.