New Hampshire Revised Statutes 536-A:8 – Writ Content
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Terms Used In New Hampshire Revised Statutes 536-A:8
- 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.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
The writ of replevin shall be directed to a sheriff, constable, or police officer within whose jurisdiction the property is located. It shall describe the specific property to be seized, and shall specify the location or locations where, as determined by the court from all the evidence, there is probable cause to believe the property or some part thereof will be found. It shall direct the levying officer to seize the same if it is found, and to retain it in his custody. Upon probable cause later shown by further affidavit or declaration by applicant or someone on his behalf, filed with the court, a writ of replevin may be endorsed by the court, without further notice, to direct the levying officer to search for the property at another location or locations and to seize the same, if found.