Affidavit for attachment: Contents.
1. All applications to the court for an order directing the clerk to issue a writ of attachment without notice to the defendant shall be accompanied by the affidavit of the plaintiff or any other person having personal knowledge of the facts constituting one or more of the grounds for attachment, which affidavit or affidavits shall:
(a) Set forth clearly the nature of the plaintiff’s claim for relief and that the same is valid.
(b) Set forth the amount which the affiant believes the plaintiff is entitled to recover from the defendant, and if there is more than one plaintiff or more than one defendant, the amount the affiant believes each plaintiff is entitled to recover or the amount that the plaintiff is entitled to recover from each defendant.
(c) Describe in reasonable and clear detail all the facts which show the existence of any one of the grounds for an attachment without notice to the defendant.
(d) Describe in reasonable detail the money or property sought to be attached and the location thereof if known.
(e) If the property sought to be attached is other than money, set forth to the best knowledge and information of the affiant, the value of such property less any prior liens or encumbrances.
(f) Name all third persons upon whom a writ of garnishment in aid of the writ of attachment will be served.
(g) In an action upon a foreign judgment attach a copy of the judgment to the affidavit for attachment as an exhibit.
(h) State whether, to the best information and belief of the affiant, the money or property sought to be attached is exempt from execution.
2. All applications to the court for an order directing the clerk to issue a writ of attachment with notice to the defendant shall be accompanied by an affidavit setting forth the item required by subsection 1, except that such affidavit may show the existence of any one of the grounds for attachment with notice.
Last modified: February 27, 2006