Rhode Island General Laws 27-14.3-12. Return of summons and summary hearing
(a) The court shall hold a summary hearing at the time and date for the return of summons.
Terms Used In Rhode Island General Laws 27-14.3-12
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Continuance: Putting off of a hearing ot trial until a later time.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- 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.
(b) If a person is not served with summons and fails to appear for the summary hearing, the court shall:
(1) Continue the summary hearing not more than ten (10) days;
(2) Provide for alternative service of summons upon the person; and
(3) Extend any restraining order.
(c) Upon a showing of good faith efforts to effect personal service upon a person who has failed to appear for a continued summary hearing, the court shall order notice of the petition to be published. The order and notice shall specify a return date not less than ten (10) nor more than twenty (20) days after the publication and that the restraining order has been extended to the continued hearing date.
(d) If a person fails to appear for a summary hearing after service of summons, the court shall enter a judgment in favor of the commissioner against that person.
(e) A person who appears for the summary hearing shall file its answer at the hearing and the court shall:
(1) Determine whether to extend any temporary restraining orders pending final judgment; and
(2) Set the case for trial on a date not more than ten (10) days from the summary hearing.
(f) The court shall grant no continuance for filing an answer.
History of Section.
P.L. 1993, ch. 248, § 1.