§ 27-14.3-12 - Return of summons and summary hearing.
SECTION 27-14.3-12
§ 27-14.3-12 Return of summons and summaryhearing. – (a) The court shall hold a summary hearing at the time and date for the returnof summons.
(b) If a person is not served with summons and fails toappear for the summary hearing, the court shall:
(1) Continue the summary hearing not more than ten (10) days;
(2) Provide for alternative service of summons upon theperson; and
(3) Extend any restraining order.
(c) Upon a showing of good faith efforts to effect personalservice upon a person who has failed to appear for a continued summary hearing,the court shall order notice of the petition to be published. The order andnotice shall specify a return date not less than ten (10) nor more than twenty(20) days after the publication and that the restraining order has beenextended to the continued hearing date.
(d) If a person fails to appear for a summary hearing afterservice of summons, the court shall enter a judgment in favor of thecommissioner against that person.
(e) A person who appears for the summary hearing shall fileits answer at the hearing and the court shall:
(1) Determine whether to extend any temporary restrainingorders pending final judgment; and
(2) Set the case for trial on a date not more than ten (10)days from the summary hearing.
(f) The court shall grant no continuance for filing an answer.