New Hampshire Revised Statutes 536-A:12 – Ex Parte Issuance of Writ
Current as of: 2023 | Check for updates
|
Other versions
Upon specific request of the applicant and examination of the complaint and affidavit and such other evidence or testimony as the judge may thereupon require, a writ of replevin may be issued prior to hearing, if probable cause appears that any of the following exist:
I. The defendant gained possession of the property by theft;
II. The property consists of one or more negotiable instruments or credit cards;
III. By reason of specific, competent evidence shown, by affidavit or by testimony within the personal knowledge of an affiant or witness, the property is perishable, and will perish before any noticed hearing can be had, or is in immediate danger of destruction, serious harm, concealment, or removal from this state, or of sale to an innocent purchaser, and that the holder of such property threatens to destroy, harm, conceal, remove it from the state, or sell it to an innocent purchaser.
I. The defendant gained possession of the property by theft;
Terms Used In New Hampshire Revised Statutes 536-A:12
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
II. The property consists of one or more negotiable instruments or credit cards;
III. By reason of specific, competent evidence shown, by affidavit or by testimony within the personal knowledge of an affiant or witness, the property is perishable, and will perish before any noticed hearing can be had, or is in immediate danger of destruction, serious harm, concealment, or removal from this state, or of sale to an innocent purchaser, and that the holder of such property threatens to destroy, harm, conceal, remove it from the state, or sell it to an innocent purchaser.