| (1) |
Constables may for their own use collect as compensation in civil matters the same fees as those specified for sheriffs in Section 17-22-2.5. |
| (2) |
Constable fees that exceed the amounts in Section 17-22-2.5 are recoverable:
| (a) |
by the constable only if he has received prior approval for the increased fee from the party requesting the service; and |
| (b) |
by prevailing party as a cost of the action only if the court finds the service and increased fee are justifiable. |
|
Renumbered and Amended by Chapter 46, 2001 General Session
