33-1485. Special detainer actions; service;
trial postponement
A. Special detainer actions shall be instituted for remedies prescribed in section
33-1476, subsection D, paragraph 3. Except as provided in this section, the procedure
and appeal rights prescribed in title 12, chapter 8, article 4 apply to special detainer
actions.
B. The summons shall be issued on the day the complaint is filed and shall command
the person against whom the complaint is made to appear and answer the complaint at the
time and place named that is at least three days but not more than six days from the date
of the summons. The tenant is deemed to have received the summons three days after the
summons is mailed if personal service is attempted and within one day of issuance of the
summons, a copy of the summons is conspicuously posted on the main entrance of the
tenant's residence and on the same day the summons is sent by certified mail, return
receipt requested, to the tenant's last known address. The summons in a special detainer
action shall be served at least two days before the return day and the return day shall
be made on the day assigned for trial. Service of process in this manner shall be deemed
the equivalent of having served the tenant in person for the purposes of awarding a money
judgment for all rent, damages, costs and attorney fees due.
C. For good cause supported by an affidavit, the trial may be postponed for not
more than three days in a justice court or five days in the superior court.
D. If after the hearing the court finds by a preponderance of the evidence that the
material and irreparable breach did occur, the court shall order restitution in favor of
the plaintiff at least twelve but not more than twenty-four hours later.
E. If the defendant is found guilty, the court shall give judgment for the
plaintiff for restitution of the premises, for late charges stated in the rental
agreement, for costs and, at the plaintiff's option, for all rent found to be due and
unpaid through the periodic rental period provided for in the rental agreement and shall
grant a writ of restitution.
F. If the defendant is found not guilty, judgment shall be given for the defendant
against the plaintiff for 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.
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