27-18-205. When judge may issue writ -- notice. A judge of a court having jurisdiction of the cause may issue a writ of attachment when:
     (1) he has received the affidavit described in 27-18-202;
     (2) he has approved the undertaking required in 27-18-204; and
     (3) the party seeking attachment has made a prima facie showing:
     (a) in the case of real property, of his right to attachment and the necessity for seizure;
     (b) in the case of personal property:
     (i) of his right to attachment and the necessity for seizure at a show cause hearing before the court with at least 3 days' notice to the defendant; if the defendant cannot be found for personal service, notice shall be posted on the property and in three public places in the county where the property is located; or
     (ii) of his right to attachment and the necessity for seizure and that the delay caused by notice and a hearing would seriously impair the remedy sought by the party seeking possession. Evidence of such impairment must be presented in open court, and the court must set forth with specificity the reasons why such delay would seriously impair the remedy sought by the person seeking attachment.

     History: En. 93-4304.1 by Sec. 4, Ch. 299, L. 1977; R.C.M. 1947, 93-4304.1.