R. 4:60-5 New Jersey Rules of Court, R. 4:60-5: Order Directing Issuance of Writ, rendered as code with every cross-reference linked

rule 4:60-5 "Order Directing Issuance of Writ" {
(a) Issuance of Writ on Notice. A writ of attachment shall issue only in cases where the defendant is subject to the exercise of jurisdiction by the State consistent with due process of law. The writ shall issue upon court order on the plaintiff's motion. Except as otherwise provided by paragraph (b) of this rule, the motion shall be heard on no less than three days' notice to the defendant, who shall file and serve any opposing affidavits or cross-motions at least one day prior to the hearing. The motion shall be granted only upon the court's finding, based on the moving papers, any opposing affidavits which may have been filed, and any testimony taken pursuant to R. 1:6-6, that (1) there is a probability that final judgment will be rendered in favor of the plaintiff; (2) there are statutory grounds for issuance of the writ; and (3) there is real or personal property of the defendant at a specific location within this State which is subject to attachment.
(b) Issuance of Writ Ex Parte. An order for issuance of writ of attachment without notice to the defendant may be entered by the court only if the defendant is about to abscond or if the court finds from specific facts shown by affidavit or verified complaint that the giving of such notice is likely to defeat the execution of the writ.
(c) Contents of Order. Upon satisfactory proof of plaintiff's right to the writ, the court by order shall direct the issuance of the writ fixing the amount or value of property to be attached, and providing the manner in which notice of the attachment shall be given to the defendant, and such terms and conditions as the court deems appropriate.
(d) Bond by Plaintiff. Before or after issuance of the writ, the court may, in its discretion, order the plaintiff to post a bond with sufficient sureties and in an amount sufficient to indemnify defendant for all damages resulting from the attachment and for taxed costs, if the writ is vacated, or if the action is dismissed, or if judgment therein is given for defendant.
Note: Source-R.R. 4:77-7(a) (b), 4:77-8(a) (b), 4:77-9. Paragraphs (a) and (b) deleted and new paragraphs (a) and (b) adopted June 29, 1973 to be effective September 10, 1973; paragraph (a) amended July 24, 1978 to be effective September 11, 1978.
}
referenced_by: 4:60-3
source: njcourts.gov // verbatim; changed 2025-10-07; corpus harvested 2026-09-02