Article II. Prehearing Procedures

215

Rule 10: Summons.

(a) General Provisions. After the petition has been filed the court shall fix a time for a hearing thereon. The court shall direct the issuance of summons to the parents, guardian or other custodian, a guardian ad litem, and any other persons as appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition. The summons shall also be directed to the child if the child is fourteen (14) or more years of age or is alleged to be a delinquent or unruly child. A copy of the petition shall accompany the summons unless the summons is served by publication in which case the published summons shall indicate the general nature of the allegations and where a copy of the petition can be obtained.

(b) Order to Appear and Bring Child to Hearing. The court may indorse upon the summons an order directing the parents, guardian or other custodian of the child to appear personally at the hearing and directing the person having the physical custody or control of the child to bring the child to the hearing.

(c) Service of Summons.

 (1) If a party to be served with a summons is within this state and can be found, the summons shall be served upon the party personally at least three (3) days before the hearing. If the party is within this state and cannot be found, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by mailing a copy by registered or certified mail at least five (5) days before the hearing. If the party is without this state but can be found or the party's address ascertained, service of the summons may be made either by delivering a copy to the party personally or by mailing a copy to the party by registered or certified mail at least five (5) days before the hearing.

 (2) If after reasonable effort the party cannot be found or the party's post office address ascertained, whether the party is within or without this state, the court may order service of the summons upon the party by publication in accordance with T.C.A. §§ 21-1-203 and 21-1-204(a) and (b). The hearing shall not be earlier than five (5) days after the date of the last publication.

 (3) Service of the summons may be made by any suitable person under the direction of the court.

 (4) The court may authorize the payment of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing, as provided by law.

(5) Service of a summons upon a party in a foreign country shall be pursuant to the Tennessee Rules of Civil Procedure Rule 4A - Service Upon Defendant In A Foreign Country.

(d) Waiver of Service.  A party other than a child may waive service of summons by written stipulation or voluntary appearance. A child may waive service of summons in accordance with Rule 30(d) of these rules.

Advisory Commission Comments.

Rule 10 is taken from T.C.A. §§ 37-1-121, 37-1-123, and 37-1-150.

Advisory Commission Comments [2007].

Prior to the 2007 amendment, Rule 10 did not address service upon a party in a foreign country. The 2007 amendment adds section (c)(5) to state that service upon a party in a foreign country will be pursuant to Rule 4A of the Rules of Civil Procedure.

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