D.C. Super. Ct. Civ. R. 64-II

(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.