1. Except in all cases of citizenship or naturalization where no citation is required to issue, upon making and filing of the affidavits, the court or the judge thereof shall thereupon issue a citation to all parties interested, notifying them to appear and show cause why the record referred to in the case should not be restored. The citation shall state that the motion to restore the lost record is based upon affidavit on file in the court.
2. If the hearing of the case is before the district court, 10 days’ notice shall be given to all parties interested. If the hearing is before a justice court, not less than 5 nor more than 10 days’ notice shall be required.
[1911 CPA § 700; RL § 5642; NCL § 9189]