§ 18-60-808 — Alternative procedure

(a) In lieu of the procedure set forth in this section and §§ 18-60-801 - 18-60-807 , at the time the complaint is filed and summons issued, a petitioner may obtain a notice issued by the clerk of the court in which the proceeding is filed. The notice shall be served with the complaint and summons and shall notify the defendant that an order of delivery of the property described in the complaint is sought and that if any objection is made to issuance of the order of delivery it must be in the form of a written response, filed within five (5) days of service of the summons and complaint, excluding Sundays and legal holidays, with a copy served on the plaintiff's attorney. (b) (1) In the event no written objection is filed and served within the five-day period, the clerk shall, upon the request of the plaintiff or his or her attorney, issue the writ forthwith. (2) In the event a defendant files a written objection within the five-day period specified, the clerk shall, at the request of either party, set the matter for hearing before the circuit judge as promptly as the business of the judge shall permit. (c) At the hearing the judge shall proceed in the manner specified in § 18-60-806 .

Legislative History

Acts 1973, No. 144, § 5; A.S.A. 1947, § 34-2123.