Sec. 8. (a) If a petition is filed under this chapter, the clerk shall issue to the respondent a summons to appear at a hearing. The summons must:

(1) give notice of the date, time, and place of the hearing; and

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Terms Used In Indiana Code 32-31-6-8

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) inform the respondent that the respondent must appear before the court to answer the petition.

     (b) The clerk shall serve the respondent with the summons to appear in accordance with Rule 4.1 of the Rules of Trial Procedure.

     (c) The court shall not grant a continuance of the emergency hearing except upon clear and convincing evidence that manifest injustice would result if a continuance were not granted.

[Pre-2002 Recodification Citation: 32-7-9-8.]

As added by P.L.2-2002, SEC.16.