PROVISIONAL REMEDIES

RULE 57
PRELIMINARY ATTACHMENT

Grounds upon which attachment may issue.

Must be convicted
guilty of a
previous fraud
case.
There must be a
clear convincing
proof of fraud for it
to be approved by
the judge. Because
time is critical when
the right must be
protected.

Issuance and contents of order. ex parte

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 Condition of applicant’s bond.

Manner of attaching property.

When
one of
Defenses the
of deposit: followin
the g is
amount missing,
must be it will
equivalent result to
to the cost irregular
ity

rem quasi in rem

Attachment of real and personal property; recording thereof.

163
 custodia legis

164
Examination of party whose property is attached and persons indebted to him or controlling

When attached property may be sold after levy on attachment and before entry of judgment.

Discharge of attachment upon giving counter-bond.

Discharge of attachment on other grounds.

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 Proceedings where property claimed by third person.

Remedy is
to file a
Motion to
file a
Complaint
of
Intervention
, if the
Sheriff has
already
deposited
the property
to court.

TP must be satisfied with a bond equivalent to the maount of

the property and damages acquired in the process

To satisfy the
judgment of
the court.

Balance due collected upon an execution; excess delivered to judgment obligor.

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 Recovery upon the counter-bond.

Disposition of money deposited.

Disposition of attached property where judgment is for party against whom attachment
was issued.

Claim for damages on account of improper, irregular or excessive attachment.

RULE 58
PRELIMINARY INJUNCTION can be had simultaneous
to the Complaint

167
 Injunction cannot undo specific
acts which are already complete.

Who may grant preliminary injunction.

Grounds for issuance of preliminary injunction.

–A

168
 Preliminary injunction not granted without notice; exception. –

ex parte

ex parte

(As amended by
A.M. No. 07-7-12-SC, December 12, 2007.)

Grounds for objection to, or for motion of dissolution of, injunction or restraining order.

169
 Judgment to include damages against party and sureties.

RULE 59
RECEIVERSHIP

Appointment of receiver.

170
Bond on appointment of receiver.

Denial of application or discharge of receiver.

Oath and bond of receiver.

General powers of receiver.

171
 Liability for refusal or neglect to deliver property to receiver.

Termination of receivership; compensation of receiver. motu proprio

Judgment to include recovery against sureties.

RULE 60
REPLEVIN

Application.

custodia legis,

172
Order.

Return of property.

Proceedings where property claimed by third person.

173
 Return of papers.

Judgment.

Judgment to include recovery against sureties.

RULE 61
SUPPORT PENDENTE LITE

Application.
pendente lite

Comment.

Hearing.

Order.

174
 Enforcement of order.
pendente lite, motu proprio

pendente lite

Support in criminal cases.

pendente lite

Restitution.
pendente lite

SPECIAL CIVIL ACTIONS

RULE 62
INTERPLEADER

When interpleader proper.

Order.

Summons.

Motion to dismiss.

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