Texas Insurance Code 443.053 – Return of Summons and Summary Hearing
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(a) 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.
(b) 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:
(1) continue the summary hearing not more than 10 days;
(2) provide for alternative service of summons upon the person; and
(3) extend any restraining order.
Terms Used In Texas Insurance Code 443.053
- 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: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- 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.
(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 receivership court shall order notice of the petition to commence a formal delinquency proceeding to be published. The order and notice shall specify a return date not less than 10 or later than 20 days after the date of 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 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.
(e) A person who appears for the summary hearing on a petition to commence a formal delinquency proceeding shall file the person’s answer at the hearing, and the receivership 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 later than 10 days after the date of the summary hearing.
(f) The receivership court may not grant a continuance for filing an answer.