12-1178. Judgment; writ of restitution;
limitation on issuance; criminal violation; notice
A. If the defendant is found guilty of forcible entry and detainer or forcible
detainer, the court shall give judgment for the plaintiff for restitution of the
premises, for all charges stated in the rental agreement and for damages, attorney fees,
court and other costs and, at the plaintiff's option, all rent found to be due and unpaid
through the periodic rental period, as described in section 33-1314, subsection C, as
provided for in the rental agreement, and shall grant a writ of restitution. The person
designated by the judge to prepare the judgment shall ensure that the defendant's social
security number is not contained on the judgment.
B. If the defendant is found not guilty of forcible entry and detainer or forcible
detainer, judgment shall be given for the defendant against the plaintiff for damages,
attorney fees and court and other costs, and if it appears that the plaintiff has
acquired possession of the premises since commencement of the action, a writ of
restitution shall issue in favor of the defendant.
C. No writ of restitution shall issue until the expiration of five calendar days
after the rendition of judgment. The writ of restitution shall be enforced as promptly
and expeditiously as possible. The issuance or enforcement of a writ of restitution
shall not be suspended, delayed or otherwise affected by the filing of a motion to set
aside or vacate the judgment or similar motion unless a judge finds good cause.
D. A defendant who is lawfully served with a writ of restitution and who remains in
or returns to the dwelling unit, as defined in section 33-1310, or remains on or returns
to the mobile home space, as defined in section 33-1409, or the recreational vehicle
space, as defined in section 33-2102, without the express permission of the owner of the
property or the person with lawful control of the property commits criminal trespass in
the third degree pursuant to section 13-1502.
E. If the defendant is found guilty of forcible entry and detainer or forcible
detainer, the court shall give the defendant notice that a defendant who is lawfully
served with a writ of restitution and who remains in or returns to the dwelling unit or
remains on or returns to the mobile home space or the recreational vehicle space without
the express permission of the owner of the property or the person with lawful control of
the property commits criminal trespass in the third degree pursuant to section 13-1502.
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