31A-27a-203. Return of summons and summary hearing.

300 words·~1 min read·/ut/title-31a/chapter-27a/31a-27a-203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 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 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.

(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 10 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