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Rule 698. Bond for Sequestration (1978)


No writ of sequestration shall issue until the party applying therefor has filed with the officer authorized to issue such writ a bond payable to the defendant in the amount fixed by the court's order, with sufficient surety or sureties as provided by statute to be approved by such officer, conditioned that the plaintiff will prosecute his suit to effect and pay to the extent of the penal amount of the bond all damages and costs as may be adjudged against him for wrongfully suing out such writ of sequestration, and plaintiff may further, condition the bond pursuant to the provisions of Rule 708, in which case he shall not be required to give additional bond to replevy un less so ordered by the court.

After notice to the opposite party, either before or after the issuance of the writ, the defendant or plaintiff may file a motion to increase or reduce the amount of such bond, or to question the sufficiency of the sureties thereon, in the court in which suit is pending. Upon hearing, the court shall enter its order with respect to such bond and sufficiency of the sureties as justice may require.

Amended by order of July 11, 1977, eff. Jan. 1, 1978: The amount of the bond will be fixed by court order. The amount will no longer be double the amount of the value of the property sequestered. Either party after notice and hearing may increase or reduce the amount of the bond.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941