Rule 64.Seizing a Person or Property

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 64 makes available, at the start of and during an action, every remedy that provides for seizing a person or property to secure satisfaction of a potential judgment — such as attachment, garnishment, and claim and delivery under Montana statute.

Full Text of Rule 64

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At the commencement of and during the course of an action, every remedy is available that provides for seizing a person or property to secure satisfaction of the potential judgment.

End

Plain-English Summary

Rule 64 opens the door to provisional remedies — the pre-judgment tools that let a party secure a potential recovery by seizing a person or property. At the commencement of and throughout an action, every such remedy provided by law (attachment, garnishment, claim and delivery, and the like) is available to secure satisfaction of the judgment that may ultimately be entered. The specifics are supplied by Montana statute.

Frequently Asked Questions

What does Rule 64 do?

It makes the provisional remedies that allow seizing a person or property — such as attachment, garnishment, and claim and delivery — available to secure a potential judgment, as provided by Montana statute.

When during a case can a party use a Rule 64 remedy?

At the commencement of the action and throughout it. The remedy is available from the outset, not only once judgment is imminent.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text

Also known as: seizing propertyattachmentgarnishmentclaim and deliveryprovisional remedy