§ 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 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.

(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 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