2006 Code of Virginia § 8.01-119 - Hearing to review issuance of order or process under { 8.01-114 or to consider request for such o...

8.01-119. Hearing to review issuance of order or process under 8.01-114or to consider request for such order or process.

A. Within thirty days after the issuance of any ex parte order or processpursuant to 8.01-114, or promptly upon application of either party, and ineither event after reasonable notice, the court in which such proceeding ispending shall conduct a hearing to review the decision to issue the order orother process described in 8.01-114, or to consider the request of theplaintiff for issuance of such order or other process, whether or not theplaintiff has attempted to previously obtain an order pursuant to 8.01-114.The hearing may be combined with a prompt hearing held pursuant to 8.01-546.2 on an exemption claimed or a trial on the merits or both. Ifcombined with a hearing on an exemption claim, the hearing shall be conductedwithin ten business days of the filing of the request for a hearing. If theplaintiff gives reasonable notice of his intention to apply for such an orderor process before the court, such hearing may be on the return day of thewarrant. Evidence may be presented in the same manner as in subsection B of 8.01-114.

B. At the conclusion of the hearing, if the evidence establishes the factsset forth in subdivision 1 of subsection A of 8.01-114, and the court issatisfied from the evidence that (i) one or more of the grounds set forth in 8.01-534 exist, (ii) there is good reason to believe that the defendant isinsolvent, so that any recovery against him for the alternate value of theproperty and for damages and costs will probably prove unavailing, or (iii)the plaintiff may suffer other irreparable harm if his request is denied, andif it further appears to the court that there is a substantial likelihoodthat the plaintiff's allegations will be sustained at the trial, then thecourt shall issue the order or other process requested by the plaintiff, orlet stand an order issued in the cause pursuant to 8.01-114.

If the decision of the court is in favor of the defendant, the former orderor process issued in the cause shall be abated and the property returned tothe possession of the person from whom it was taken to abide the final trialof the action or warrant. Proof of insolvency as grounds for possession ofgoods by the plaintiff shall not be introduced for purposes of affirming aprior ex parte order, but only upon an initial application for possessionafter reasonable notice.

C. Issuance of any order or process pursuant to this section shall be subjectto the provisions of 8.01-115 and 8.01-116.

(Code 1950, 8-591; 1973, c. 408; 1977, c. 617; 1986, c. 341; 1993, c. 841.)