                                 CODE OF VIRGINIA

HEARING TO REVIEW ISSUANCE OF ORDER OR PROCESS UNDER § 8.01-114 OR TO CONSIDER
REQUEST FOR SUCH ORDER OR PROCESS (§ 8.01-119)

A. Within thirty days after the issuance of any ex parte order or process
pursuant to &#xA7; 8.01-114, or promptly upon application of either party, and
in either event after reasonable notice, the court in which such proceeding is
pending shall conduct a hearing to review the decision to issue the order or
other process described in &#xA7; 8.01-114, or to consider the request of the
plaintiff for issuance of such order or other process, whether or not the
plaintiff has attempted to previously obtain an order pursuant to &#xA7;
8.01-114. The hearing may be combined with a prompt hearing held pursuant to
&#xA7; 8.01-546.2 on an exemption claimed or a trial on the merits or both. If
combined with a hearing on an exemption claim, the hearing shall be conducted
within ten business days of the filing of the request for a hearing. If the
plaintiff gives reasonable notice of his intention to apply for such an order or
process before the court, such hearing may be on the return day of the warrant.
Evidence may be presented in the same manner as in subsection B of &#xA7;
8.01-114.

B. At the conclusion of the hearing, if the evidence establishes the facts set
forth in subdivision 1 of subsection A of &#xA7; 8.01-114, and the court is
satisfied from the evidence that (i) one or more of the grounds set forth in
&#xA7; 8.01-534 exist, (ii) there is good reason to believe that the defendant
is insolvent, so that any recovery against him for the alternate value of the
property and for damages and costs will probably prove unavailing, or (iii) the
plaintiff may suffer other irreparable harm if his request is denied, and if it
further appears to the court that there is a substantial likelihood that the
plaintiff&#8217;s allegations will be sustained at the trial, then the court
shall issue the order or other process requested by the plaintiff, or let stand
an order issued in the cause pursuant to &#xA7; 8.01-114.
			If the decision of the court is in favor of the defendant, the former order
or process issued in the cause shall be abated and the property returned to the
possession of the person from whom it was taken to abide the final trial of the
action or warrant. Proof of insolvency as grounds for possession of goods by the
plaintiff shall not be introduced for purposes of affirming a prior ex parte
order, but only upon an initial application for possession after reasonable
notice.

C. Issuance of any order or process pursuant to this section shall be subject to
the provisions of &#xA7;&#xA7; 8.01-115 and 8.01-116.

HISTORY: Code 1950, § 8-591; 1973, c. 408; 1977, c. 617; 1986, c. 341; 1993, c.
841.