Affidavit required for execution in tort action--Contents.

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21-17A-4. Affidavit required for execution in tort action--Contents.

Before a writ of attachment may be executed in a tort action, the plaintiff or someone on his behalf shall make and attach thereto an affidavit, stating that a cause of action in tort exists in favor of the plaintiff and against the defendant, that the damages sustained exceed fifty dollars specifying the amount claimed and either:

(1)The defendant is not a resident of this state; or that his residence is unknown and cannot with due diligence be ascertained; or

(2)The defendant is a foreign corporation.

Source: SL 1983, ch 168, §4.


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