§ 708.Form and Proof of Notice - Fee
Chapter 12: Judgment · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 708
Amendment History
Laws 1919, SB 108, c. 45, p. 73, § 2.
Plain-English Summary
This is the mechanical follow-through on Section 707's notice requirement. Either the court clerk or opposing counsel can send the Attorney General's office a printed docket, or any other written notice, stating the case name and the day it's set for trial or hearing. That notice has to go out by registered mail at least ten days before the date, and the registry return receipt is enough by itself to prove the notice was given.
The clerk can also tax a small fee — twenty-five cents — as a cost of the case for each notice sent.
Frequently Asked Questions
Who can send the notice the state is entitled to under Section 707?
Either the court clerk or opposing counsel may mail the notice to the Attorney General or assistant Attorney General.
How is the notice sent, and how far ahead of trial?
By registered mail, addressed to the Attorney General or the assistant Attorney General of record, not less than ten days before the trial or hearing date.
How is the notice proved to the court?
The registry return of the registered mailing is sufficient proof of the notice.
Can the cost of sending the notice be charged to a party?
Yes, the court clerk may tax up twenty-five cents as cost for each notice given.