§64.5 Purpose and Procedure

• Jurisdiction: Washington

§64.5PURPOSE AND PROCEDURE

CR 64 establishes that the civil rules are neutral with respect to otherwise available provisional remedies. "Provisional" remedies refer to those that tie up property only while the litigation remains pending. The property will be freed unless the litigant obtains a final judgment that the litigant can satisfy against the property. In other words, a litigant does not, by filing a civil action, either enhance or diminish the litigant's ability to secure provisional relief. CR 64 provides that provisional remedies are available "under the circumstances and in the manner" provided by Washington law. The substantive availability of provisional remedies and the procedural manner in which they are obtained are governed by laws other than CR 64 and, as such, are...