16-677. Inspection of ballots before trial; petition; bond; appointment of inspectors

A. After the statement of contest has been filed and the action is at issue, either party may have the ballots inspected before preparing for trial.

B. The party applying for the inspection of ballots shall file with the clerk of the court a verified petition stating that he cannot properly prepare for trial without an inspection of the ballots and shall file with the petition a bond, approved by the clerk, with two sureties, in the principal amount of three hundred dollars, conditioned that he will pay the costs and expenses of the inspection if he fails to maintain the contest. Thereupon the court shall appoint three persons, one selected by each of the parties and one by the court, by whom the inspection shall be made. If either party fails to name a person to act in making the inspection, the court shall make the appointment.

C. The inspection of the ballots shall be made in the presence of the legal custodian of the ballots, and the compensation of the inspectors shall be fixed by the court and taxed as costs against the losing party.