§ 16-110-118 - Motion to discharge before term of court.
16-110-118. Motion to discharge before term of court.
(a) On reasonable notice to the plaintiff, the defendant may, at any time before the term next after the levy of the attachment, move the judge of the court in vacation to discharge the attachment, on the grounds of its having been issued contrary to the provisions of Article I of Chapter III of Title VIII of the Civil Code.
(b) The judge, on an inspection of the papers in the action or of the authenticated copies of them, shall have the same power of discharging the attachment by his or her written order, filed by the clerk, as he or she would have in court and shall have like power to permit amendments by the plaintiff.