US Laws, Codes, Statutes & Cases

      38-1536.   Service of other pleadings. (a) Proceedings upon filing. Upon the filing of a subsequent pleading, other than a petition, indicating the necessity for a hearing, the court shall fix the time and place for the hearing.

      (b)   Form of notice. The notice of hearing shall be given by the clerk, dated the day it is issued, contain the name of the court and the caption in the case and be substantially in the following form:

(Caption of Case)

TO:
  (Names)           (Relationship)            (Addresses)       
______________   _____________________    ______________________
______________   _____________________    ______________________
______________   _____________________    ______________________

      A (describe pleading) has been received by the court and filed in the above entitled case, a copy of which is attached, and will require a hearing before the court.

      On _________, 19__, at ____ o'clock __m. the parents, any other person having legal custody of the above named children or any other interested party are required to appear before this court at (describe location). Your failure to either appear or respond will not prevent the court from entering judgment granting the request contained in the pleading served with this notice if the court finds that the judgment should be granted.

Date ________, 19__                   Clerk of the District Court

by ________________________

        (Seal)

      (c)   Method and report of service. Notice of hearing and motions or other pleadings subsequent to the petition shall be served on each interested party.

      (d)   When not required. No service need be made on a party in default for failure to appear, except that pleadings asserting new or additional claims for relief contrary to the interest of that party shall be served in the manner provided in this code for the service of summons.

      History:   L. 1982, ch. 182, § 32; Jan. 1, 1983.