31A-27a-203 - Return of summons and summary hearing.
31A-27a-203. Return of summons and summary hearing.
(1) The receivership court shall hold a summary hearing at the time and date for thereturn of summons on a petition to commence a formal delinquency proceeding.
(2) If a person is not served with summons on a petition to commence a formaldelinquency proceeding and fails to appear for the summary hearing, the receivership court shall:
(a) continue the summary hearing not more than 10 days;
(b) provide for alternative service of summons upon the person; and
(c) extend any restraining order.
(3) Upon a showing of good faith efforts to effect personal service upon a person whofails to appear for a continued summary hearing, the receivership court shall order notice of thepetition to commence a formal delinquency proceeding to be published. The order and noticeshall specify:
(a) a return date not less than 10 nor more than 20 days after the day on which notice ispublished; and
(b) that the restraining order is extended to the continued hearing date.
(4) If a person fails to appear for a summary hearing on a petition to commence a formaldelinquency proceeding after service of summons, the receivership court shall enter judgment infavor of the commissioner against that person.
(5) (a) A person who appears for the summary hearing on a petition to commence aformal delinquency proceeding shall file its answer at the hearing and the receivership courtshall:
(i) determine whether to extend any temporary restraining order pending final judgment;and
(ii) set the case for trial on a date not more than 10 days from the day on which thesummary hearing is held.
(b) The receivership court may not grant a continuance for filing an answer.
Enacted by Chapter 309, 2007 General Session