17-25-2.   Fees for constables -- Civil.
     (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
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Last revised: Thursday, May 28, 2009