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Monday, December 4, 2023

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Hon. Marco A. Hernández, Chief Judge

Melissa Aubin, Clerk of Court

LR 1015 - Attachment and Garnishment

LR 1015-1 Verification of the Complaint

The affidavit or declaration verifying a complaint which includes a prayer for process under Supplemental Rule B, if made by a person who does not have personal knowledge of the facts alleged as grounds for the claim, will state the circumstances making it necessary for that person to make the verification and will also state the source of that person's information.

LR 1015-2 Affidavit or Declaration Showing Defendant's Absence

The affidavit required by Supplemental Rule B must state with particularity the efforts made to locate the defendant within the district.

LR 1015-3 Order Authorizing Clerk to Issue Process

Pleadings and accompanying affidavits must be reviewed by a judge before the clerk will issue a summons and process of attachment and garnishment under Supplemental Rule B. If the judge finds probable cause has been shown, the judge will authorize the clerk to issue process. Alias process may thereafter be issued by the clerk upon application without further order of the Court.  

Amendment History LR 1015
March 1, 2017
LR 1015-1 Added "or declaration" after "affidavit."
LR 1015-2 Added "or declaration" after "affidavit" in the heading and rule text.
LR 1015-3 Added "or declarations" after "affidavits."