§ 18-60-806 - Hearing.

18-60-806. Hearing.

(a) At any hearing held on an application for an order of delivery, the petitioner shall be required to present prima facie evidence that the petitioner has the right of immediate possession of the property.

(b) If the party against whom the order of delivery is sought should fail to appear in response to the notice, the petitioner shall be required to offer the same proof necessary to secure a default judgment.

(c) If the court decides that the order of delivery should issue, an order shall be entered accordingly.