Back to Main Page / Back to List of Rules

Rule 723. Docketing Cause (1981)

TEXT

Whenever any bond for the trial of the right of property shall be returned, the clerk of the court, or such justice of the peace, shall docket the same in the original writ proceeding in the name of the plaintiff in the writ as the plaintiff, and the claim­ant of the property as intervening claimant.

Former Rule 723 is repealed by order of June 10, 1980, eff. Jan. 1, 1981: This new rule is written to conform with the due process requirements of Fuentes v. Shevin, 407 U.S. 67 (1972); Mitchell v. W. T. Grant Co., 416 U.S. 600 (1974); and North Georgia Finishing, Inc. v. Di-Chem, Inc., 419 U.S. 601 (1975).