Which party may request a writ of attachment?

• A. The Defense
• B. The State
• C. Both The Defense And The State
• D. A Judge

Answer: (C)

A writ of attachment is a provisional order that lets the court seize or freeze property to secure a possible future judgment. Because its purpose is to protect the enforcement of a claim, the right to seek it isn’t limited to one side. The defense in a civil case may request an attachment to prevent assets from being hidden or dissipated, and the State may request one when pursuing a claim in its governmental or enforcement role. The key is that a party with a legitimate interest can petition the court, and the court will decide whether the attachment is warranted based on showing of probable cause, the property to be attached, and any required bond. The judge issues the writ after such a petition, rather than being the party who initiates it on their own.