31A-27a-203. Return of summons and summary hearing.
(1) The receivership court shall hold a summary hearing at the time and date for the
return 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 formal
delinquency proceeding and fails to appear for the summary hearing, the receivership court shall:
(a) continue the summary hearing not more than ten 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 who
fails to appear for a continued summary hearing, the receivership court shall order notice of the
petition to commence a formal delinquency proceeding to be published. The order and notice
shall specify:
(a) a return date not less than 10 nor more than 20 days after the day on which notice is
published; 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 formal
delinquency proceeding after service of summons, the receivership court shall enter judgment in
favor of the commissioner against that person.
(5) (a) A person who appears for the summary hearing on a petition to commence a
formal delinquency proceeding shall file its answer at the hearing and the receivership court
shall:
(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 ten days from the day on which the
summary hearing is held.
(b) The receivership court may not grant a continuance for filing an answer.
Enacted by Chapter 309, 2007 General Session
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Last revised: Thursday, May 28, 2009