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 judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the law of this State.
Rule 64.Seizure of person or property.
Last verified July 3, 2026
In one sentenceRule 64 makes North Carolina's provisional remedies -- like arrest and bail, attachment, claim and delivery, and receivership -- available throughout a lawsuit to secure satisfaction of whatever judgment eventually follows.
Full Text of Rule 64
Amendment History
(1967, c. 954, s. 1.)
Plain-English Summary
Rule 64 opens the door to North Carolina's provisional remedies for seizing a person or property while a lawsuit is pending. At the commencement of an action, and throughout the case afterward, every remedy that provides for seizing a person or property to secure satisfaction of the judgment ultimately to be entered is available, under the circumstances and in the manner state law provides.
Rule 64 doesn't create these remedies itself -- it points to the separate statutory procedures that do, covering devices such as arrest and bail, attachment (along with the related lis pendens and garnishment procedures), claim and delivery, and receivership. A preliminary injunction or temporary restraining order is also a provisional remedy of this kind, addressed separately in Rule 65. These remedies aren't mutually exclusive; a party may use more than one at different points in the same case.
Frequently Asked Questions
Does Rule 64 itself explain how to attach property or arrest a defendant?
No. Rule 64 makes those remedies available during a lawsuit, but the specific procedures for each one -- arrest and bail, attachment, claim and delivery, receivership -- come from separate statutes.
When during a lawsuit can a party use a provisional remedy like attachment?
At the commencement of the action and at any point afterward, under the circumstances and manner state law provides.
Can a party use more than one provisional remedy in the same case?
Yes. Rule 64 doesn't limit a party to a single remedy, and the remedies it covers may be used independently or together as the case develops.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 64). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: provisional remediesarrest and bailattachmentclaim and deliveryreceivershipseizure of property to secure judgmentlis pendensgarnishment