§ 16-58-106 — Issuance and execution of process, writ, summons, etc., on Sunday or a holiday

(a) It shall be no objection to any process, writ, summons, affidavit, or order for a provisional remedy that it was issued, made, or is dated on a holiday nor shall it be an objection to any bond given by or for any party to an action or taken by an officer in the course of the action that it was made or is dated on any such day. (b) A summons or order for a provisional remedy may be issued on any holiday, except Sunday. It may be issued on Sunday if an affidavit of the plaintiff or some other person is made to the effect that, unless it is issued on that day, there is reasonable cause to believe that it cannot be executed. (c) An order of attachment or for the delivery of property or a writ of execution may be issued or executed on any holiday, including Sunday. (d) (1) A summons, subpoena, notice, order of arrest, or order of injunction may be executed on any holiday except Sunday. It may be executed on Sunday if the officer having the process believes, or an affidavit of the plaintiff or some other person is made to the effect that the affiant believes, that the process cannot be executed after such holiday. (2) The defendant shall have no privilege of exemption from the service of the process mentioned in subdivision (d)(1) of this section, except from an arrest by reason of his or her attendance at any muster, election, or order of survey or as a witness at any court or other place.

Legislative History

Civil Code, §§ 763-767; C. & M. Dig., §§ 1128-1132; Pope's Dig., §§ 1344-1348; A.S.A. 1947, §§ 27-314 -- 27-318; Acts 1997, No. 969, § 1.