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2019 New Hampshire Revised Statutes
Title LV - Proceedings in Special Cases
Chapter 536-A - Replevin
Section 536-A:12 - Ex Parte Issuance of Writ.
Universal Citation: NH Rev Stat § 536-A:12 (2019)
536-A:12 Ex Parte Issuance of Writ. –
Upon specific request of the applicant and examination of the complaint and affidavit and such other evidence or testimony as the judge may thereupon require, a writ of replevin may be issued prior to hearing, if probable cause appears that any of the following exist:
I. The defendant gained possession of the property by theft;
II. The property consists of one or more negotiable instruments or credit cards;
III. By reason of specific, competent evidence shown, by affidavit or by testimony within the personal knowledge of an affiant or witness, the property is perishable, and will perish before any noticed hearing can be had, or is in immediate danger of destruction, serious harm, concealment, or removal from this state, or of sale to an innocent purchaser, and that the holder of such property threatens to destroy, harm, conceal, remove it from the state, or sell it to an innocent purchaser.
Upon specific request of the applicant and examination of the complaint and affidavit and such other evidence or testimony as the judge may thereupon require, a writ of replevin may be issued prior to hearing, if probable cause appears that any of the following exist:
I. The defendant gained possession of the property by theft;
II. The property consists of one or more negotiable instruments or credit cards;
III. By reason of specific, competent evidence shown, by affidavit or by testimony within the personal knowledge of an affiant or witness, the property is perishable, and will perish before any noticed hearing can be had, or is in immediate danger of destruction, serious harm, concealment, or removal from this state, or of sale to an innocent purchaser, and that the holder of such property threatens to destroy, harm, conceal, remove it from the state, or sell it to an innocent purchaser.
Source. 1973, 467:1, eff. Aug. 29, 1973.
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