US Laws, Codes, Statutes & Cases

§5.  Time of trial; notice to defendant

A.  Upon the institution of a suit for expropriation, the trial court shall issue an order fixing the time of the trial of the suit which shall not be less than sixty days from the filing of the suit.  

B.  The clerk of court shall issue to the defendant, at least sixty days before the time fixed for the trial, a notice signed by the clerk in his official capacity and under the seal of his office, accompanied by a certified copy of the petition, exclusive of exhibits, even if made a part thereof, and a certified copy of the order for trial.  

C.  The notice shall contain the following:

(1)  The date of issuance.  

(2)  The title of the cause.  

(3)  The name of the person to whom it is addressed.  

(4)  The title and location of the court issuing it.  

(5)  The date fixed for trial.  

(6)  A statement that the person cited must file an answer within the fifteen day period after service of citation and that failure to file an answer within the fifteen day period constitutes a waiver by the defendant of all defenses to the suit except claims for money as compensation for the property sought to be expropriated and claims for money as damages to other property.  

Acts 1983, No. 408, §1.