This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
Writ Of Replevin Form With Court Order In Riverside
Category:
State:
Multi-State
County:
Riverside
Control #:
US-000265
Format:
Word;
Rich Text
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The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based – in other words, why the filing party is entitled to seize the property that has been taken.
A list of all disputed issues with a short explanation of each;A statement of facts from each party; andA signed stipulation as to undisputed issues of fact and law and exhibits, which neither party is objecting. This rule is essentially forcing parties to try to settle issues in their case before going to trial.
The process of starting a replevin action usually begins with filing a complaint. It also requires filing an affidavit in the county or district court where the property is. The affidavit: States that the plaintiff claims rightful ownership or entitlement to possession of the property.
Ex Parte Applications Ex parte documents must be eFiled before am the court day before the hearing. Ex parte written oppositions must be eFiled before am the day of the hearing. Printed courtesy copies of ex parte oppositions must be provided to the court the day of the ex parte hearing.
Riverside Superior Court Local Rule 3116 provides: Unless otherwise specified in the Order to Show Cause, any response in opposition to an Order to Show Case (a) shall be in the form of a written declaration and (b) shall be filed no less than four court days before the hearing on the Order to Show Cause.
An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.
California Judicial Council Forms are pre approved pleadings for filing with the Court.
R. 10.1. Rule 10.1 - Authority, duties, and goals of the Judicial Council (a) The Judicial Council (1) The Judicial Council of California is a state entity established by the California Constitution and chaired by the Chief Justice of California.
The Judicial Council adopts legal forms in one of two ways. Under Government Code section 68511, the council may "prescribe" certain forms. Use of those forms is mandatory. The council may also "approve" forms.
The process of starting a replevin action usually begins with filing a complaint. It also requires filing an affidavit in the county or district court where the property is. The affidavit: States that the plaintiff claims rightful ownership or entitlement to possession of the property.
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The purpose of the writ is to restore possession of specific item(s) of personal property to the judgment creditor. Filing a replevin or detinue requires four steps: 1.A Writ of Attachment is issued prior to judgment and is used to levy on the defendant's interest in real or personal property as authorized in the writ. A Writ of Attachment is issued prior to judgment and is used to levy on the defendant's interest in real or personal property as authorized in the writ.