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.