§ 7112.Testimony by deposition to ascertain location of chattel.

An Article 71 action is not much use if the plaintiff cannot say where the chattel is. Section 7112 gives a party a discovery tool for exactly that problem: on a showing that the party lacks knowledge of the chattel's location, or the location of part of it, the party can move for an order to examine any person who might have that information, on whatever notice the court directs.

The timing is flexible by design. The order can be sought before a summons and complaint has even been served, or any time afterward, including after final judgment — recognizing that the question of where property is might not surface until well into the case, or even after the court has already ruled on who is entitled to it. The order can also restrain the adverse party from acting against whatever rights the moving party may have in the chattel while its location is being tracked down, so the property is not moved, sold, or hidden during the search. That restraint comes with a price: the moving party must post a reasonable undertaking, with sufficient sureties, to cover any damages the restraint wrongfully causes.