27-17-203. Order from judge. The sheriff may not make a seizure unless an order from a judge of the court having jurisdiction of the cause is attached to the affidavit. The judge may sign an order if the judge is satisfied of either of the following:
(1) that the party seeking possession of the property has made a prima facie showing of the right to possession and the necessity for seizure at a show cause hearing before the judge with at least 3 days' notice to the person in possession of the property. If the person cannot be found for personal service, notice posted on the property and in three public places in the county where the property is located is sufficient service for this purpose.
(2) that the delay caused by notice and a hearing would seriously impair the remedy sought by the party seeking possession. Evidence of impairment must be presented in open court, and the court shall set forth with specificity the reasons why the delay would seriously impair the remedy sought by the person seeking possession.
History: En. Sec. 72, p. 56, Bannack Stat.; amd. Sec. 100, p. 151, L. 1867; re-en. Sec. 117, p. 49, Cod. Stat. 1871; re-en. Sec. 155, p. 75, L. 1877; re-en. Sec. 155, 1st Div. Rev. Stat. 1879; amd. Sec. 1, p. 103, L. 1885; re-en. Sec. 157, 1st Div. Comp. Stat. 1887; re-en. Sec. 841, C. Civ. Proc. 1895; re-en. Sec. 6623, Rev. C. 1907; re-en. Sec. 9221, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 510; re-en. Sec. 9221, R.C.M. 1935; amd. Sec. 1, Ch. 362, L. 1975; R.C.M. 1947, 93-4102(2); amd. Sec. 661, Ch. 56, L. 2009.
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