When a sheriff or other officer serves a summons, subpoena, bench warrant, venire, or other process in any action to which the state or any county is a party, the officer shall endorse upon the writ or process, or upon a paper attached thereto, at the time the officer makes the return of service thereon, a statement of the officer's fees for the service, the number of miles traveled, and the amount of the officer's mileage. If the officer fails to make the return with the statement and does not file the return with the clerk of the court from which the process issued before judgment is rendered in the action to which the process relates, the officer shall receive no fees for such service, and the board of county commissioners of the county shall not allow the same.
11-15-14. Sheriff's fees collectible in advance - Report of fees - Mileage in criminal cases. In civil actions, the sheriff shall collect the sheriff's fees in advance. Upon a request for cancellation of a civil action, the sheriff may retain up to twenty dollars of the collected fee. At the expiration of each month, the sheriff shall make a report, verified by the sheriff's affidavit, to the board of county commissioners showing all fees earned and collected during that month and shall transfer those fees to the county treasurer. The sheriff shall maintain a complete record of all fees due to the sheriff's office for services rendered in criminal actions and shall file the sheriff's itemized statement for mileage in connection with criminal cases with the county auditor
at the expiration of each month. Claims for mileage in criminal cases shall be audited by the board of county commissioners and paid by the county.