(a) When the plaintiff desires the immediate delivery of the property, the plaintiff
shall execute a bond to the defendant in possession of the property, and to all persons
having an interest in the property, of such amount and with such sureties as are approved
by the court, conditioned that the plaintiff will prosecute the plaintiff's action
to judgment without delay, and deliver the property to the defendant in possession
or any other person, if such delivery is adjudged, and pay all costs and damages that
may be adjudged against the plaintiff. Upon the filing of the verified complaint or affidavit with the bond and a motion
for immediate consideration of the matter, the court shall forthwith inquire into
the matter, ex parte or otherwise, as in its discretion it determines. If thereupon the court finds that a prima facie claim for relief has been established,
it shall issue an order directed to the sheriff, sheriff's deputy, chief of police,
an authorized police officer of any county, or an independent civil process server
from the department of public safety's list under section 353C-11 to take the property therein described and deliver the same to the plaintiff.
(b) Copies of the verified complaint or affidavit, and, if a bond for immediate seizure
has been filed, of the bond, and, if an order for the taking has been issued on an
ex parte hearing, of the order, shall forthwith be served upon the defendant in possession
and each person having or claiming a possessory interest in the property, in the same
manner as is provided for service of summons unless the party to be served has appeared
in the action, in which case service may be made in the same manner as is provided
for service of papers other than the summons. In a proper case, either before or after issuance of an order for the taking, the
required service may be combined with the publication of the summons, in which event
the giving of notice of the substance of the proceeding shall be sufficient.
(c) Upon the application of any party, the proceeding shall be advanced and assigned
for hearing at the earliest possible date.
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