Rule 64-II.Replevin Actions

Group VIII: Provisional and Final Remedies · Last amended 2022 · Last verified July 14, 2026

In one sentenceRule 64-II lays out the District's replevin procedure for recovering wrongfully detained property, from bringing the case to the assigned judge's attention and any order preserving the property, through the hearing on whether the writ should issue, to the expedited trial that follows.

Full Text of Rule 64-II

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) NOTIFYING THE JUDGE. On filing any action in replevin and before process is placed in the hands of the United States marshal or deputy marshal or other process server, the plaintiff, personally or by his attorney, will bring the action to the attention of the assigned judge.

(b) HEARING ON APPLICATION FOR WRIT; ORDER TO PRESERVE PROPERTY.

(1) Setting a Hearing. When notifying the judge of the action, the plaintiff may request that the judge set a date for a hearing at which the plaintiff will be required to establish the probable validity of his claim and the defendant will be given an opportunity to appear and be heard with respect to whether a writ of replevin should issue.

(2) Order to Preserve Property. If the judge determines the plaintiff has filed a verified complaint alleging the defendant is wrongfully detaining the specified property that the plaintiff is entitled to possess, he or she may issue an order:

(A) directing the defendant to preserve the property that is the subject of the action in his or her possession or under his or her control so as to keep it amenable to the process of the court pending further order of the court;

(B) indicating the date on which the plaintiff's application for a writ of replevin will be heard; and

(C) informing the defendant that he or she may be heard at that time, with or without witnesses, on whether the writ should issue.

(3) Service of Process. The order must direct the plaintiff to serve a copy of the summons, complaint, and order on the defendant at least 7 days prior to the hearing date. A plaintiff who does not effect service on time must apply to the judge to whom the case is assigned to set a later hearing date, which will provide the defendant with sufficient time to adequately prepare. The order may require actions by the plaintiff designed to accomplish prompt and expeditious notice to the defendant.

(c) ISSUING THE WRIT; REQUIRING A SECURITY FROM THE DEFENDANT. At the conclusion of the hearing, the judge may authorize the issuance and execution of a writ of replevin or may, if it appears just, permit all or part of the property to remain in the possession of the defendant pending further order of the court. If the defendant remains in possession of the property, the court may require the defendant to post an appropriate surety bond or other undertaking or may otherwise provide for the protection of the property under D.C. Code § 16-3708 (2012 Repl.).

(d) FILING REQUIREMENTS. The Civil Division will not accept for filing any action of replevin unless the complaint is accompanied by an appropriate surety bond, approved by the clerk.

(e) GOVERNMENT APPLICATIONS FOR WRITS OF REPLEVIN WITHOUT PRIOR ADVERSARY HEARING.

(1) In General. In its initial application, counsel for a federal, District of Columbia, State or other governmental agency or official may apply for issuance of the writ without prior adversary hearing on the ground that there is an immediate danger that the defendant will destroy or conceal the property in dispute or on any other ground set forth in D.C. Code § 16-501 (d)(2)–(5) (2012 Repl.) as a basis for attachment before judgment

(2) Filing Requirements. The application must show:

(A) a direct necessity to secure an important governmental or general public interest; and

(B) a special need for prompt action under a specific statute or regulation authorizing seizure of property without opportunity for prior hearing.

(3) Judicial Action. The judge may authorize the immediate issuance of the writ prior to the hearing only if the application is supported by affidavit or sworn testimony reciting specific facts that tend to establish the required grounds. If the judge authorizes the issuance of the writ, findings of fact and conclusions of law, which state the basis of the need for immediate issuance must be entered on the record.

(4) Vacating the Writ. After at least 24 hours notice to the plaintiff, the defendant against whom a writ has been issued without a hearing may apply to the court to have the writ vacated. Regardless, if such writ issues, a hearing must take place on the 5th day after execution of the writ. It is the duty of plaintiff's counsel to notify the clerk's office promptly of the execution of the writ.

(f) EXPEDITED TRIAL. Trial of all actions in replevin, whether on the jury or nonjury calendar, must be expedited.

(g) TRIAL IN LIEU OF HEARING. If all of the parties consent, the judge conducting a hearing on the issuance vel non of a writ of replevin may try the entire proceeding on the merits in lieu of merely determining whether to issue the writ.

End

Comments

2022 Amendments:

Consistent with the April 2021 amendment to Rule 12-I, the reference to Rule 12-I(b) has been eliminated.

2017 Amendments:

Stylistic changes were made to this rule to conform with the 2007 amendments to the Federal Rules of Civil Procedure.

Comment:

See Fuentes v. Shevin, 407 U.S. 67 (1972).

Plain-English Summary

Rule 64-II begins before the case gets moving at all: before process reaches the U.S. marshal or another process server, the plaintiff must personally, or through an attorney, bring the replevin action to the assigned judge's attention. The plaintiff may then ask for a hearing date at which the plaintiff must show the probable validity of the claim and the defendant gets a chance to be heard on whether a writ of replevin should issue. If the judge finds the plaintiff's verified complaint alleges that the defendant is wrongfully detaining property the plaintiff is entitled to possess, the judge may order the defendant to preserve that property, set the hearing date, and tell the defendant of the right to be heard, with or without witnesses. That order must also direct the plaintiff to serve the summons, complaint, and order on the defendant at least seven days before the hearing; a plaintiff who misses that window must ask the judge to reset the hearing to give the defendant adequate time to prepare.

At the hearing's end, the judge may authorize the writ, or instead let the defendant keep some or all of the property pending further order — often by requiring the defendant to post a surety bond or other security under D.C. Code § 16-3708. Filing itself carries its own gate: the Civil Division will not accept a replevin complaint at all unless it comes with an appropriate surety bond approved by the clerk.

Government agencies get a narrower path around the adversary hearing. Counsel for a federal, District of Columbia, state, or other governmental agency may apply for a writ without a prior hearing on grounds like an immediate danger the defendant will destroy or conceal the property, but the application must show both a direct necessity tied to an important governmental or public interest and a special need for prompt action under a specific statute or regulation. The judge can authorize immediate issuance only on an affidavit or sworn testimony establishing those grounds, and must enter findings of fact and conclusions of law on the record. Even then, the defendant can move to vacate the writ after at least 24 hours' notice, and a hearing must take place on the fifth day after execution regardless. Every replevin trial, jury or nonjury, must be expedited, and if all parties agree, the judge holding the writ hearing may go ahead and try the whole case on the merits instead.

Frequently Asked Questions

What is the first step in bringing a replevin action in DC Superior Court?

Rule 64-II(a) requires the plaintiff, personally or through an attorney, to bring the action to the assigned judge's attention before process is placed in the hands of the U.S. marshal, deputy marshal, or other process server.

Does a defendant get a chance to be heard before a replevin writ issues?

Generally, yes. Rule 64-II(b) describes a hearing where the plaintiff must establish probable validity of the claim and the defendant may appear and be heard on whether the writ should issue, unless the government uses the narrower procedure in Rule 64-II(e) for applying without a prior adversary hearing.

What must accompany a replevin complaint when it is filed?

Rule 64-II(d) requires an appropriate surety bond approved by the clerk; the Civil Division will not accept a replevin complaint for filing without one.

Can a government agency get a writ of replevin without notifying the defendant first?

Yes, under Rule 64-II(e), if the application shows a direct necessity tied to an important governmental or public interest and a special need for prompt action, supported by affidavit or sworn testimony. Even then, the defendant may move to vacate the writ after at least 24 hours' notice, and a hearing must take place on the fifth day after execution.

How quickly are replevin trials held?

Rule 64-II(f) requires that trial of all replevin actions, whether on the jury or nonjury calendar, be expedited, and Rule 64-II(g) lets the judge try the entire case on the merits at the writ hearing itself if all parties consent.

Source & verification. Rule text and official Comments are reproduced verbatim from the District of Columbia Superior Court Rules of Civil Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026. · Official source

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