(a) Issuance. A plaintiff claiming the possession of goods and chattels wrongfully taken or detained shall proceed by complaint and summons in an action under these rules and in connection therewith may make a motion for issuance of a writ of replevin as provided by law, which shall be served along with the a summons, complaint, Language Assistance Notice, and all other required documents. The motion shall be granted only upon a showing that there is a probability of a judgment being rendered in favor of the plaintiff and that there is a substantial need for transfer of possession of the goods and chattels to the plaintiff pending adjudication of the claim. In lieu of ordering issuance of the writ of replevin the court may order the defendant to give security for satisfaction of any judgment which may be rendered in the action. A surety upon a bond or undertaking hereunder shall be subject to the provisions of Rule 65(c). A motion for issuance of a writ of replevin shall not be granted ex parte.
Rule 64.Replevin.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 64 lets a plaintiff who says goods were wrongfully taken or held file suit and move for a writ of replevin, letting the court transfer possession of that property back before the case is finally decided.
Full Text of Rule 64
(b) Replevin on Counterclaim, Cross-claim, or Third-party Complaint. Goods or chattels may be replevied on writ of replevin by a party bringing a counterclaim, cross-claim, or third-party complaint in the same manner as upon an original claim, provided that the goods or chattels are located in the county where the action is pending.
(c) Subsequent Issuance. A writ of replevin may be issued subsequent to commencement of the action in accordance with subdivision (a). Such writ may also be issued by way of execution.
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Replevin is the tool for someone who says their personal property is being wrongfully held or was wrongfully taken. Rather than waiting until the end of a lawsuit to get the property back, a plaintiff files a complaint and summons and, within that same action, moves for a writ of replevin that can transfer possession while the case is still pending.
The court will not grant that motion lightly. It has to find both a probability that judgment will ultimately favor the plaintiff and a substantial need to transfer possession before the case is resolved. Instead of ordering the goods handed over, the court can order the defendant to post security guaranteeing any judgment that follows, and any surety on that security gets the same protections as a surety under Rule 65(c). Notably, a replevin motion can never be granted ex parte — the other side always gets notice and a chance to respond.
The same process is open to a defendant who is bringing a counterclaim, cross-claim, or third-party complaint over the same kind of property, provided the goods sit in the county where the case is pending. And the writ itself is not limited to the start of the case; it can be issued later in the litigation, or used as a way of executing a judgment already won.
Frequently Asked Questions
What is replevin?
Replevin is a way to recover possession of personal property — goods and chattels — that someone else wrongfully took or is wrongfully holding. It works through a lawsuit combined with a writ that can transfer possession while the case is still going on.
Can I get my property back immediately without telling the other side?
No. Rule 64(a) specifically says a motion for a writ of replevin shall not be granted ex parte. The other party always gets notice and an opportunity to be heard before possession changes hands.
What if I am the defendant and I am the one claiming the property?
Rule 64(b) lets a party bring replevin through a counterclaim, cross-claim, or third-party complaint using the same procedure as an original claim, as long as the goods are located in the county where the action is pending.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 64). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: replevinrecovering possession of goodswrit of replevingetting back property someone is holdingrepossession through a lawsuitwrongfully detained goodsrecover personal property before trial