Part 3 — Prejudgment Relief
18 Ex parte attachment order
parte.
(2) Subject to subsection (3), an attachment order granted on an ex
parte application must specify a date, not more than 21 days from
the day that the order is granted, on which the order will expire
unless the order is extended on an application on notice to the
defendant.
(3) If the Court is satisfied that it would be inappropriate for an
attachment order granted on an ex parte application to expire
automatically after 21 days, the order may specify a later expiry
date or specify that it remains in effect until it terminates in
accordance with section 19.
(4) The Court, on application on notice to the defendant, may
direct that an attachment order that was granted on an ex parte
application remains in effect until the order terminates in
accordance with section 19 or as otherwise directed by the Court.
RSA 2000
(5) If an application under subsection (4) cannot reasonably be
heard and determined before the expiry date of the relevant
attachment order, the Court may on an ex parte application extend
the period of time during which the order remains in force pending
the determination of the application.
(6) When an application on notice to the defendant is made under
subsection (4) the following applies:
(a) the onus is on the claimant to establish that the attachment
order should be continued;
(b) the Court shall not continue the attachment order unless the
circumstances that exist at the time of hearing the
application justify the continued existence of the order;
(c) the Court may terminate the order if the Court is satisfied
that the claimant failed to make full and fair disclosure of
the material information that existed at the time that the
claimant made the ex parte application for the attachment
order.
1994 cC-10.5 s18