plaintiff establishes the probable validity of the plaintiff’s

claim for relief in the main action, and if the plaintiff states in the affidavit specific facts sufficient to support a judicial finding of one of the following circumstances: (i) The defendant is fleeing, or about to flee, the jurisdiction of the court; or (ii) The defendant is concealing the defendant’s whereabouts; or (iii) The defendant is causing, or about to cause, the defendant’s property to be removed beyond the limits of the state; or (iv) The defendant is concealing, or about to conceal, the to escape in order convey or encumber property defendant’s legal obligations; or (v) The defendant is otherwise disposing, or about to dispose, of property in a manner so as to defraud the defendant’s creditors, including the plaintiff. (3) Defendant’s Waiver of Right to Pre-Attachment Hearing. The court may issue an ex parte writ of attachment if the plaintiff establishes the probable validity of the plaintiff’s claim for relief in the main action, and if the plaintiff accompanies the affidavit and motion with a document signed by the defendant voluntarily, knowingly and intelligently waiving to a hearing before the constitutional prejudgment attachment of the property. right (4) The Government as Plaintiff. The court may issue an ex parte writ of attachment when the motion for such writ is made by a government agency (state or federal), provided the government-plaintiff demonstrates that such ex parte writ is necessary to protect an important governmental or general public interest. (n) Execution, Duration, and Vacation of Ex Parte Writs of Attachment. When the peace officer executes an ex parte writ of attachment, the peace officer shall at the same time serve on the defendant copies of the plaintiff’s affidavit, motion and undertaking, and the order. No ex parte attachment shall be valid for more than seven (7) business days (exclusive of Saturdays, Sundays, and the defendant waives the right to a pre-attachment hearing in accordance with subsection (m) (3) of this rule, or unless the defendant consents in writing to an additional extension of time for the duration of the ex parte attachment, or the attachment is extended, after hearing, pursuant to section (e) of this rule. The defendant may at any time after service of the writ request an emergency hearing at which the defendant may refute the special need for the attachment and validity of the plaintiff’s claim for relief in the main action. legal holidays), unless (o) Discharge of Attachment Where Perishable Goods Have Been Sold. Whenever the defendant shall have appeared in the action, the defendant may apply to the court for an order to discharge the attachment on perishable goods which have been sold. If the order be granted, the peace officer shall deliver to the defendant all proceeds of sales of perishable goods, upon the giving by the defendant of the undertaking provided for in section (j). (p) Duration and Vacation of Writs of Attachment Issued Pursuant to Hearing. A writ of attachment issued pursuant to a hearing provided for in section (c) of this rule shall unless sooner released or discharged, cease to be of any force or effect and the property attached shall be released from the operation of the writ at the expiration of six (6) months from the date of the issuance of the writ unless a notice of readiness for trial is filed or a judgment is entered against the defendant in the action in which the writ was issued, in which case the writ shall continue in effect until released or vacated after judgment as provided in these rules. However, upon motion of the plaintiff, made not less than ten (10) nor more than sixty (60) days before the expiration of such period of six (6) months, and upon notice of not less than five (5) days to the defendant, the court in which the action is pending may, by order filed prior to the expiration of the period, extend the duration of the writ for an additional period or periods as the court may direct, if the court is satisfied that the failure to file the notice of readiness is due to the dilatoriness of the defendant and was not caused by any action of the plaintiff. The order may be extended from time to time in the manner herein prescribed. (q) The administrative director may adopt alternative procedures from those set out in this rule in order to allow electronic executions pursuant to Civil Rule 69(h). (Amended by SCO 49 effective January 1, 1963; by SCO 156 effective December 8, 1972; by SCO 417 effective August 1, 1980; by SCOs 635, 636 and 637 effective September 15, 1985; by SCO 820 effective August 1, 1987; by SCO 853 effective January 15, 1988; by SCO 1135 effective July 15, 1993; by SCO 1153 effective July 15, 1994; and by SCO 1683 effective nunc pro tunc to May 24, 2008) Cross References (b) CROSS REFERENCE: AS 09.40.010 (k) CROSS REFERENCE: AS 09.40.010 (m)(1) CROSS REFERENCE: AS 09.40.060 (n)(1) CROSS REFERENCE: AS 09.40.010 (p) CROSS REFERENCE: AS 09.40.070 NOTE: Chapter 41 SLA 2008 (HB 166), effective May 24, 2008, enacted changes relating to execution upon permanent fund dividends. According to section 5 of the Act, AS 43.23.065 as amended by sections 2 and 3 of the Act, has the effect of amending Civil Rule 89 by allowing a civilian process server licensed by the commissioner of public safety to execute upon a permanent fund dividend by electronic means in accordance with regulations adopted by the Department of Revenue, and by establishing how the commissioner of revenue shall deliver the portion of the dividend executed upon to the court.