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Motion for Ex Parte Attachment

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THE STATE OF NEW HAMPSHIRE
JUDICIAL BRANCH

http://www.courts.state.nh.us

V.

PETITION / MOTION FOR EX PARTE ATTACHMENT

The Plaintiff/Petitioner requests permission to make the following attachments without prior notice to the Defendant/Respondent:

Name of Defendant/Respondent
Category of Property
to be attached (check one)
Amount of
attachment
Name of Defendant/Respondent
Real Estate
Provide address or book & page reference.
Attach additional pages if necessary.
Other
Amount of attachment
$
$
$

A. The Plaintiff/Petitioner certifies the following facts to establish a reasonable likelihood that he/she will recover the amount stated above. (Specify facts in detail. Attach additional pages if necessary).

B. The Plaintiff/Petitioner asserts that such an attachment is justified on the following grounds: (Specify which of the statutory grounds for making an ex parte attachment applies and detail the facts warranting the application of those grounds. Attach additional pages if necessary).

(If petitioner is a corporation or partnership, a duly authorized officer or partner shall sign.)

Affix Seal, if any

V.

PETITION FOR EX PARTE ATTACHMENT

ORDER

NOTICE TO DEFENDANT/RESPONDENT

The court has authorized the above attachment to secure any judgment or decree that the Plaintiff/Petitioner may obtain. You have the right to object in writing, ask for a hearing and request that the attachment be removed. Any objection to this attachment shall be filed in writing within 14 days after service of this notice on you. If you fail to file such a request within the time specified in the order, you will be deemed to have waived your right to a hearing with reference to the attachment, but not with reference to the merits of the Plaintiff/Petitioner's claim.

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What the Motion for Ex Parte Attachment Is and when it’s used

A Motion for Ex Parte Attachment is a court filing that asks a judge, without advance notice to the adverse party, to freeze or seize specified assets to preserve them for future judgment enforcement. Courts permit ex parte relief only in narrow circumstances where immediate action is necessary to prevent dissipation, concealment, or removal of assets and where notice would frustrate the purpose of the order. The motion typically includes an affidavit of facts, supporting exhibits, a proposed order, and a bond or security requirement when the law imposes it.

Why parties pursue ex parte attachment

Ex parte attachment preserves a creditor’s ability to collect by quickly restraining assets at risk of disappearance, securing potential recovery, and increasing the likelihood that a final judgment will be meaningful and enforceable.

Why parties pursue ex parte attachment

Who commonly prepares or files this motion

Parties should consult court rules and, where appropriate, counsel experienced in emergency remedies before filing.

  • Plaintiffs and creditors seeking to secure judgment assets before trial or enforcement.
  • Litigation counsel who draft supporting affidavits and proposed orders for emergency relief.
  • Court clerks and judicial staff who calendar expedited hearings and process bond requirements.

Step-by-step: preparing a Motion for Ex Parte Attachment

Follow these core steps to assemble a compliant, persuasive ex parte attachment request.

  • 01
    Draft Motion: State facts, legal basis, and specific relief requested.
  • 02
    Affidavit: Attach sworn affidavit with evidentiary support and citations.
  • 03
    Proposed Order: Provide a narrowly tailored proposed order for the judge to sign.
  • 04
    Fees and Bond: Include filing fees, proposed bond amount, and payment method.

How filing, hearing, and order entry typically proceed

This sequence shows the common operational flow from filing to order execution.

  • File ex parte motion: Submit motion and exhibits to clerk or e-filing system.
  • Judge review: Judge evaluates urgency and legal sufficiency.
  • Temporary order: Court signs narrowly tailored protective order when appropriate.
  • Service and hearing: Serve opposing party and schedule return hearing promptly.

Digital workflow settings for e-filing and evidence

Configure e-filing and document assembly to match court requirements and evidentiary standards.

Authentication Use signer identity verification per court or clerk guidance.
Document format Upload PDF/A where permitted; attach native exhibits as separate files.
Exhibit labeling Number exhibits and reference them in the affidavit.
E-filing method Select the court’s accepted e-filing portal or paper filing.
Service method Plan for personal, electronic, or substituted service as allowed.

Technical considerations for electronic completion and submission

Many courts accept electronically signed pleadings when they meet local rules and the provider supports audit trails, secure storage, and any required authentication; confirm specifics with the clerk.

  • File types: PDF, Word DOCX accepted
  • Authentication: Email, SMS, or advanced methods
  • Integrations: Court portals and case management

Key components to include in a professional motion package

A complete filing helps the judge quickly assess urgency and reduces the chance of denial for procedural defects.

Clear statement of relief

Precisely describe the attachment sought and why specific assets must be restrained to preserve potential recovery; avoid vague or overly broad requests.

Affidavit of facts

Provide a sworn affidavit with specific, corroborated facts, dates, and sources that demonstrate the immediate risk of asset loss or dissipation.

Supporting exhibits

Attach documentary evidence such as contracts, bank records, or communications that directly support the asserted facts and valuation.

Legal authority

Cite statutes, rules, or case law authorizing ex parte attachment in the jurisdiction and explain how the facts meet the legal standard.

Proposed order

Include a narrowly tailored proposed order the judge can sign, specifying actions, scope, duration, and any bond conditions.

Service and notice plan

Describe how the defendant will be served and how a prompt return hearing will be scheduled to protect due process interests.

Essential information fields to verify before filing

Plaintiff: Full legal name
Defendant: Exact legal name
Docket number: Court case ID
Relief sought: Specific assets
Affidavit: Signed and dated
Proposed order: Precisely worded

Common preparation errors to avoid

  • Submitting generalized or conclusory assertions without documentary support, which undermines the urgency and sufficiency of the request.
  • Requesting overly broad asset restraints that are not tailored to the demonstrated risk, increasing the chance of denial or modification.
  • Failing to follow local court formatting, signature, or service rules, causing administrative rejection or delay in relief.
  • Omitting proposed bond language or funds when the jurisdiction requires security, which can prevent entry of ex parte relief.

Consequences and procedural risks of an improper motion

Denial of relief: Motion may be denied
Sanctions: Court may impose sanctions
Contempt exposure: Improper orders risk contempt
Bond liability: Failure may create bond damages
Costs awarded: Opposing fees possible
Document rejection: Clerk may reject filing

Typical timing and deadline expectations

Timing varies by jurisdiction; below are common scheduling benchmarks for ex parte attachment workflows.

Emergency hearing scheduling:

Judge may set hearing within 24–72 hours of filing.

Temporary order duration:

Initial restraint often limited pending a noticed hearing.

Bond posting deadline:

Bond may be required immediately or within a court-ordered timeframe.

Service deadline:

Opposing party typically must be served before the return hearing.

Return hearing timing:

Court often schedules a prompt noticed hearing to review the ex parte order.

Two practical examples of ex parte attachment use

These case scenarios show common fact patterns where courts may grant emergency attachment.

Commercial Creditor

A vendor alleges debtor plans to transfer inventory out of state after invoice default.

  • The vendor presents recent bank withdrawals, shipping manifests, and contract terms.
  • The court issues a narrowly tailored order restraining specified inventory and directs a return hearing within two weeks to test the factual record and bond protections.

IP Asset Preservation

A plaintiff alleges that a former employee is preparing to delete source code hosted on third-party servers.

  • Plaintiff submits dated emails showing intent and remote access logs.
  • The judge grants temporary access restraints and an order directing preservation of specified servers pending a noticed hearing on the attachment request.

E-signature vendor comparison for completing and signing court motions

Select an e-signature provider that meets authentication, audit trail, and file-format needs; the table shows common supplier pricing and capability indicators.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial 30-day trial 30-day trial 14-day trial 30-day trial
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Motion for Ex Parte Attachment

Answers to common questions about eligibility, drafting, filing, and electronic execution of ex parte attachment motions.


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