7-7-106. Hearing and determination on challenge. (1) Within 5 days after the petition is filed, the district judge shall designate the time and place of hearing.
     (2) The clerk shall immediately issue a citation for the defendant to appear at the time and place specified in the order and shall serve the citation immediately upon the defendant either:
     (a) personally; or
     (b) if the party cannot be found, by leaving a copy at the house where he last resided.
     (3) The court shall meet at the time and place designated to determine the contested election and shall have all the powers necessary to the determination thereof.
     (4) The court shall be governed by the rules of law and evidence governing the determination of questions of law and fact so far as the same may be applicable.
     (5) The court shall continue in special session to hear and determine all issues in the contested election. After hearing the proofs and allegations of the parties and within 10 days after submission thereof, the court shall file its findings of fact and conclusions of law and shall immediately pronounce judgment in the premises, either confirming or annulling and setting aside the election. The judgment shall be entered immediately thereafter.

     History: En. Sec. 213, Ch. 368, L. 1969; R.C.M. 1947, 23-4202.