(a) Remedies—In General. At the commencement of and throughout an action, every remedy is available that, under state law, provides for seizing a person or property to secure satisfaction of the potential judgment.
Rule 64.Seizing a person or property
Group VIII: Provisional and Final Remedies · Last amended March 1, 2019 · Last verified July 14, 2026
In one sentenceRule 64 lets a party invoke state-law remedies such as attachment, garnishment, or replevin to seize a person or property while a lawsuit is pending, so a later judgment has something to collect against.
Full Text of Rule 64
(b) Specific Kinds of Remedies. The remedies available under this rule include the following:
(1) arrest;
(2) attachment;
(3) garnishment;
(4) replevin;
(5) sequestration; and
(6) other corresponding or equivalent remedies.
Notes
Drafter’s Note, Amendment Effective January 1, 2005: The revision adds a portion of the last sentence from the federal rule to the end of the Nevada rule. The new language lists nonexclusive remedies for seizure of persons or property. Parts of the federal rule that are particular to practice in federal court are omitted.
Amendment History
Amended eff. 1-1-05; Amended eff. 3-1-19.
Plain-English Summary
Winning a lawsuit does no good if the defendant has sold off every asset before the case ends. Rule 64 addresses that risk by opening the door to remedies that exist under Nevada statutes for grabbing hold of a person or property early in a case, so there is something left to satisfy the judgment once it arrives. The rule itself creates no new remedy. It points litigants to whatever state law already provides and tells them those tools stay available from the moment a case begins and all the way through it.
The rule lists examples so lawyers know where to look: arrest, attachment, garnishment, replevin, and sequestration, plus a catch-all for anything comparable. Each of these has its own statutory requirements in Nevada law covering when it applies, what showing a movant must make, and what protections a defendant gets. Rule 64 does not override any of that; it confirms that these seizure remedies fit within civil procedure and can run alongside the underlying claims for relief.
Frequently Asked Questions
Does Rule 64 create a right to attach or garnish property?
No. The rule does not grant any remedy on its own. It confirms that remedies already available under Nevada statutes can be used in a pending civil action, and it sends the reader to those statutes for the actual requirements.
What is the difference between attachment and garnishment under this rule?
Attachment generally reaches property held by the defendant, while garnishment reaches money or property that a third party owes or holds for the defendant, such as a bank or employer. Both are listed as examples of remedies Rule 64 makes available, but the mechanics of each come from separate Nevada statutes.
Can a party use these remedies before filing a complaint?
Rule 64 speaks to remedies available "at the commencement of and throughout" an action, meaning once the case has started. Any pre-filing seizure remedy would depend on the specific statute authorizing it, not on this rule.
What does replevin let a party do?
Replevin is a remedy for recovering specific personal property that one party claims is wrongfully held by another, rather than seeking money damages for its loss. Nevada statutes set out the procedure and the showing required to obtain it.
Does Rule 64 apply only to the remedies it names?
No. The list of arrest, attachment, garnishment, replevin, and sequestration is illustrative, not exclusive. The rule also covers any other corresponding or equivalent remedy that Nevada law provides for seizing a person or property to secure a judgment.
Source & verification. Rule text, official Advisory Committee
Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil
Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026.
· Official source
Also known as: attachment rulegarnishment before judgmentseizure of property pending lawsuitreplevin ruleprejudgment remedies Nevada