375.600. Pleadings and proceedings, general procedures--summary hearing, purpose--effect of nonattendance by defendant. - Missouri Statutes

Pleadings and proceedings, general procedures--summary hearing,purpose--effect of nonattendance by defendant.

375.600. 1. The pleadings and proceedings, insofar as nototherwise regulated by sections 375.570 to 375.750, 375.950 to375.990 and 375.1150 to 375.1246, shall be as in other civilcauses.

2. At the time and date for the return of summons, thecourt shall hold a summary hearing.

3. If any defendant fails to appear for the summaryhearing:

(1) The court shall, if personal service has not been madeas to any defendant:

(a) Make such provision for alternative service upon thatdefendant as is best designed to notify the defendant of thependency of the formal delinquency proceeding before the time anddate of the summary hearing as reset by the court;

(b) Reset the time and date of the summary hearing to atime and date not more than ten days from the time and date ofthe original summary hearing;

(c) Expressly continue any preliminary order until thereset time and date of the summary hearing; and

(d) Order any confidential file to be an open and publicrecord;

(2) The court shall, if personal service has been made asto any defendant, grant judgment by default in favor of thedirector against the defendant.

4. If any defendant appears for the summary hearing, thecourt shall:

(1) Require the defendant to answer the petition;

(2) Consider whether to extend any preliminary orderspending final judgment; and

(3) Set the case for trial, which shall be not more thanten days from the date of the summary hearing.

5. If any defendant fails to appear for a reset summaryhearing, the court shall, if honest and reasonable efforts havebeen made to effect personal service upon the defendant, ordernotice published of the petition, of the continuance of anyrestraining order, and of the second reset summary hearing, whichshall not be less than ten nor more than twenty days after thepublication of notice. If the defendant fails to appear for anysecond reset summary hearing, the court may grant defaultjudgment in favor of the director and against the defendant.

(RSMo 1939 § 6055, A.L. 1992 H.B. 1574)

Prior revisions: 1929 § 5944; 1919 § 6352; 1909 § 7082