§ 5-68-408 — Order to show cause

(a) Upon the filing of the complaint described in § 5-68-407 , the prosecuting attorney shall present the complaint, including the exhibit to the complaint, as soon as practicable to the circuit court for its examination. (b) If there is no probable cause to believe that the mailable matter described in the complaint is obscene, the circuit court shall dismiss the complaint. (c) If the circuit court finds probable cause to believe the mailable matter to be obscene, it shall issue an order to show cause why the mailable matter shall not be adjudicated obscene, returnable not less than ten (10) days after the order's service, directed against the mailable matter by name or description and directing the service of a copy of the order, together with a copy of the complaint upon the mailable matter and upon each of the respondents named in the complaint. (d) Service of the order shall be made upon the mailable matter at its place of publication or its editorial offices as shown in the order. (e) Service of the order or any copy of the order may be made in any manner provided by law, and in case of mailable matter published or edited outside of the State of Arkansas and of any nonresident respondent, by registered or certified mail directed to the mailable matter of the respondent to be served at the address shown in the complaint. (f) Proof of the mailing is deemed to be prima facie evidence of service of the order or a copy of the order upon the mailable matter or any respondent for the purposes of this section.

Legislative History

Acts 1961, No. 261, § 7; A.S.A. 1947, § 41-3568.