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8.635 Process
(a) Summons and Subpoenas.
(1) Summons. Upon the filing of a petition, the
clerk shall issue a summons. The summons shall require
the person on whom it is served to appear for a
hearing at a time and place specified. Except in cases
of medical emergency, the time of hearing shall not
be less than 24 hours after service of the summons. If
the child is not detained by an order of the court, the
summons shall require the custodian to produce the
child at the said time and place. A copy of the petition
shall be attached to the summons.
(2) Subpoenas. Upon the application of a party,
the clerk shall issue, and the court on its own motion
may issue, subpoenas requiring attendance and
testimony of witnesses and production of records,
documents, or other tangible objects at any hearing.
This subdivision
shall not in any way limit the state
attorney’s power to issue subpoenas.
(3) Service. The summons and other process
shall be served upon such persons and in such manner
as required by law. If the parents or custodian are out
of the state and their address is known, the clerk shall
give them notice of the proceedings by mail. Service
of process may be waived. Authorized agents of the
Department of Juvenile Justice may also serve summons
and other process upon such persons and in such
manner as required by law.
(b) Service of Pleadings and Papers.
(1) When Required. Unless the court orders otherwise,
every pleading subsequent to the initial petition,
every order, every written motion, unless it is one
as to which hearing ex parte is authorized, and every
written notice filed in the case shall be served on each
party; however, nothing herein shall be construed
to
require that a plea be in writing or that an application
for witness subpoenas be served.
(2) How Made. When service is required or permitted
to be made upon a party represented by an attorney,
service shall be made upon the attorney unless
service upon the party is ordered by the court. Service
upon the attorney or party shall be made by delivering
a copy to the attorney or party or by mailing it to the
attorney or party’s last known address or, if no address
is known, by leaving it with the clerk of the court. Service
by mail shall be complete upon mailing. Delivery
of a copy within this rule shall mean:
(A) handing it to the attorney or the party;
(B) leaving it at the attorney’s office with the
person in charge thereof;
(C) if there is no one in charge of the office,
leaving it in a conspicuous place therein;
(D) if the office is closed or the person to
serve has no office, leaving it at the party’s usual place
of abode with some person of the family above 15
years of age and informing such person of the contents
thereof; or
(E) transmitting it by facsimile to the attorney’s
or party’s office with a cover sheet containing
the sender’s name, firm, address, telephone number,
and facsimile number, the number of pages transmitted,
and the recipient’s facsimile number. When service
is made by facsimile, a copy shall also be served
by any other method permitted by this rule. Facsimile
service occurs when transmission is complete.
(3) Filing. All original papers, copies of which
are required to be served upon parties, must be filed
with the court either before service or immediately
thereafter.
(4) Filing with Court Defined. The filing of
pleadings and other papers with the court as required
by these rules shall be made by filing them with the
clerk of court except that the court may permit the
papers to be filed with it in which event the filing date
shall be noted thereon and they shall be transmitted to
the office of the clerk.
(5) Certificate of Service. When any authorized
person shall in substance certify:
“I certify that a copy/copies has/have been furnished
to (insert name or names) by (delivery) (mail)
(fax) on (date).
__________________
Title”
this certificate shall be taken as prima facie proof
of such service in compliance with the rules of court
and law. The certificate must be signed by the attorney
of record, clerk or deputy clerk, judicial assistant, or
judge.
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