§ 536-A:3 — Preliminary Notice to Show Cause

The court shall, without delay, issue an order directed to the defendant to show cause why the property should not be taken from the defendant and delivered to the applicant. Such order shall fix the date and time for the hearing thereon, which ordinarily shall be no sooner than ten days nor later than twenty days from the issuance of the order, and shall direct the time within which service thereof shall be made upon the defendant. Such order shall inform the defendant that he may file affidavits on his behalf with the court and may appear and present testimony on his behalf at the time of such hearing, or that he may, at or prior to such hearing, file with the court a written undertaking to stay the delivery of the property and that, if he fails to appear, the court will issue a writ of replevin. Such order shall fix the manner in which service thereof shall be made, which shall be by personal service or certified mail, return receipt requested, or in such other manner as the court may determine under the circumstances appearing from the complaint and affidavit.

Legislative History

1973, 467:1, eff. Aug. 29, 1973.