12-2409. Judicial review of application; issuance of provisional remedies
A. The judge or justice of the peace shall within five days, exclusive of weekends and holidays, after entry of default as provided in section 12-2408, review and examine all pleadings, affidavits and documents filed in the action to determine the following:
1. That an affidavit has been filed by the person who served a copy of the application and notice evidencing service.
2. That the affidavit of default required by section 12-2408 has been filed and the default entered by the clerk.
3. That the claim or claims of the party seeking any provisional remedy are based on facts stated in the affidavit sufficient to show that such claim or claims are valid.
4. That any statutory requirement for the issuance of any provisional remedy sought exists.
5. That any other pleadings or affidavits required by law as a prerequisite for the issuance of any provisional remedy sought have been filed.
B. If the judge or justice of the peace finds that the requirements of subsection A have been met, the provisional remedy shall be issued.
C. Written findings that the requirements of subsection A have been met shall be included in the order issuing any provisional remedy.
Section: Previous 12-2402 12-2403 12-2404 12-2405 12-2406 12-2407 12-2408 12-2409 12-2410 12-2411 12-2412 12-2451 12-2452 12-2453 12-2454 NextLast modified: October 13, 2016