(1) The rates recoverable through court action for service of process by a constable are governed by Section 17-22-2.5, 17-25-3, or 17-25-5 when applicable.
(2) Constable fees that exceed the amounts in Section 17-22-2.5 are recoverable in court: (a) by the constable only if he has received prior approval for the increased fee from the party requesting the service; and (b) by a prevailing party as a cost of the action only if the court finds the service and increased fee are justifiable.
(a) by the constable only if he has received prior approval for the increased fee from the party requesting the service; and
(b) by a prevailing party as a cost of the action only if the court finds the service and increased fee are justifiable.
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