NOTES TO RULE 64
Notes of Advisory Committee on Rules.
This rule adopts the existing Federal law, except that it specifies the applicable State law to be that of the time when the remedy is sought. Under USC, Title 28, former § 726 (Attachments as provided by State laws) the plaintiff was entitled to remedies by attachment or other process which were on June 1, 1872, provided by the applicable State law, and the district courts might, from time to time, by general rules, adopt such State laws as might be in force. This statute is superseded as are district court rules which are rendered unnecessary by the rule.
Lis pendens. No rule concerning lis pendens is stated, for this would appear to be a matter of substantive law affecting State laws of property. It has been held that in the absence of a State statute expressly providing for the recordation of notice of the pendency of Federal actions, the commencement of a Federal action is notice to all persons affected. King v Davis, 137 Fed 198 (WD Va, 1903). It has been held, however, that when a State statute does so provide expressly, its provisions are binding. United States v Calcasieu Timber Co. 236 Fed 196 (CCA 5th, 1916).
For statutes of the United States on attachment, see e.g.:
USC, Title 28, former:
§ 737 (Attachment in postal suits) § 738 (Attachment; application for warrant) § 739 (Attachment; issue of warrant) § 740 (Attachment; trial of ownership of property) § 741 (Attachment; investment of proceeds of attached property) § 742 (Attachment; publication of attachment) § 743 (Attachment; personal notice of attachment) § 744 (Attachment; discharge; bond) § 745 (Attachment; accrued rights not affected) § 746 (Attachments dissolved in conformity with State laws)
For statutes of the United States on garnishment, see e.g.:
USC, Title 28, former:
§ 748 (Garnishees in suits by United States against a corporation) § 749 (Same; issue tendered on denial of indebtedness) § 750 (Same; garnishee failing to appear)
For statutes of the United States on arrest, see e.g.:
USC, Title 28, former:
§ 376 (Writs of ne exeat) § 755 (Special bail in suits for duties and penalties) § 756 (Defendant giving bail in one district and committed in another) § 757 (Defendant giving bail in one district and committed in another; defendant held until judgment in first suit) § 758 (Bail and affidavits; taking by commissioners) § 759 (Calling of bail in Kentucky) § 760 (Clerks may take bail de bene esse)
For statutes of the United States on replevin, see e.g.:
USC, Title 28, former:
§ 747 (Replevy of property taken under revenue laws) § 843 (Imprisonment for debt) § 844 (Imprisonment for debt; discharge according to State laws) § 845 (Imprisonment for debt; jail limits)
Supplementary Note of Advisory Committee Regarding this Rule.
Sections 203 and 204 of the Soldiers' and Sailors' Civil Relief Act of 1940, 50 USC Appendix, §§ 501 et seq. [§§ 523, 524], provide under certain circumstances for the issuance and continuance of a stay of the execution of any judgment entered against a person in military service, or the vacation or stay of any attachment or garnishment directed against such person's property, money, or debts in the hands of another. See also Note to Rule 62 herein.