Court action for refusal to file or docket document.

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  5. Court action for refusal to file or docket document.

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16-2-48. Court action for refusal to file or docket document.

Any person whose document or lien is refused for filing or docketing by the clerk of courts pursuant to §16-2-47 may commence an action in the circuit court for that county for an order directing the clerk to file or docket the document. If the court determines that the clerk is required or authorized by law to file or docket the document or that the lien is not counterfeit, it shall order the clerk to file or docket the document.

Source: SL 1997, ch 45, §5.


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