At the commencement of and throughout an action, every remedy is available that, under the law of this state, provides for seizing property to secure satisfaction of the potential judgment.
Rule 64.Seizing Property
Group VIII: Provisional and Final Remedies and Special Proceedings · Last amended March 1, 2017 · Last verified July 15, 2026
In one sentenceRule 64 makes every state-law remedy for seizing property — such as attachment, replevin, and garnishment — available at the start of and throughout a lawsuit to secure eventual satisfaction of the judgment.
Full Text of Rule 64
Explanatory Note
Rule 64 was amended, effective March 1, 2011. The explanatory note was amended, effective March 1, 2017. Rule 64 is derived from Fed.R.Civ.P. 64. The principal departure from the federal rule is the authorization for the use of the remedies only for the seizure of property, not persons as in Fed.R.Civ.P. 64. Qualifications to the federal rule do not apply to the North Dakota court system and were not included. Also, the listing of remedies available has been omitted. These are found in the North Dakota Century Code. The remedies available in this state include attachment (N.D.C.C. Chapter 32-08.1), replevin (N.D.C.C. Chapter 32-07), garnishment (N.D.C.C. Chapter 32-09), and others. Some state laws authorizing prejudgment remedies but not providing for prior notice and hearing have been struck down. See, Sniadach v. Family Finance Corporation of Bay View, 89 S.Ct. 1820, 395 U.S. 337, 23 L.Ed.2d 349 (1969); Fuentes v. Shevin, 92 S.Ct. 1983, 407 U.S. 67, 32 L.Ed.2d 556 (1972); Mitchell v. W. T. Grant Co., 416 U.S. 600, 94 S.Ct. 1895, 40 L.Ed.2d 406 (1974); Shaffer v. Heitner, 433 U.S. 186, 97 S.Ct. 2569, 53 L.Ed.2d 683 (1977); and Guzeman v. Western State Bank, 516 F.2d 125 (8th Cir. 1974). The latter case ruled that the North Dakota attachment statute (N.D.C.C. Chapter 32-08) violated due process. That statute was subsequently repealed and replaced by N.D.C.C. Chapter 32-08.1. It is also possible some federal laws may take precedence in this area. For example, Sections 3933 and 3934 of the Servicemember's Civil Relief Act, 50 U.S.C. §§ 3901, et seq., provide under certain circumstances for the vacation or stay of any attachment or garnishment directed against the serviceman's property, money, or debts in the hands of another. Rule 64 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Plain-English Summary
Rule 64 is a single sentence with a broad reach: at the commencement of and throughout an action, every remedy is available that North Dakota law provides for seizing property to secure satisfaction of a potential judgment. Unlike its federal counterpart, North Dakota's rule reaches only property, not persons, and it doesn't list the specific remedies in the rule text itself — those come from the North Dakota Century Code. The Explanatory Note identifies attachment, replevin, and garnishment as examples of remedies available under this rule, each governed by its own statutory chapter.
Because the remedies and their procedures live in statute rather than in Rule 64, a party looking to attach, replevy, or garnish property before or during a lawsuit needs to consult the specific Century Code chapter that governs that remedy, not the rule itself, for the notice, hearing, and bonding requirements that apply.
The Explanatory Note also flags that prejudgment remedies raise due process concerns when they let a court seize property without advance notice and a hearing. Some earlier state statutes lacking those protections were struck down over the years, and North Dakota's current attachment statute was rewritten in response. A party invoking one of these remedies should expect the applicable statute to build in some form of notice or hearing before property changes hands.
Frequently Asked Questions
What kind of remedies does Rule 64 make available before a judgment is entered?
Rule 64 makes available whatever North Dakota law provides for seizing property to secure a potential judgment. The Explanatory Note points to attachment, replevin, and garnishment as examples, each defined by its own Century Code chapter.
Do I need to have already filed a lawsuit before I can use one of these remedies?
No. Rule 64 states the remedies are available at the commencement of an action and throughout it, so a party can seek one of these remedies as the case begins and while it proceeds.
Can Rule 64 be used to seize a person rather than property?
No. The Explanatory Note specifically notes that North Dakota's rule departs from the federal rule by authorizing these remedies only for seizing property, not persons.
Where do I find the actual procedure for attachment or garnishment in North Dakota?
Rule 64 doesn't spell out the procedures itself; it makes the state-law remedies available. You need to look to the specific North Dakota Century Code chapter governing that remedy for the mechanics.
Are there due process limits on when property can be seized before judgment?
The Explanatory Note discusses due process concerns with prejudgment remedies that don't provide notice and a hearing before seizure, and notes that North Dakota's attachment statute was rewritten after an earlier version was found wanting on that score.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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