17-25a-4 - Rates recoverable -- Exception.
17-25a-4. Rates recoverable -- Exception.
(1) The rates recoverable through court action for service of process by a constable aregoverned by Section 17-22-2.5, 17-25-3, or 17-25-5 when applicable.
(2) Constable fees that exceed the amounts in Section 17-22-2.5 are recoverable in court:
(a) by the constable only if he has received prior approval for the increased fee from theparty requesting the service; and
(b) by a prevailing party as a cost of the action only if the court finds the service andincreased fee are justifiable.
Amended by Chapter 46, 2001 General Session