(a) Hearing Requirements. If service of summons on a party is being or will be made by publication, the court may conduct a provisional hearing on the allegations of the petition and enter an interlocutory order of disposition if:
(1) The petition alleges delinquency or that a child is in need of protection or reguests that a guardian be appointed;
(2) The summons served on any party:(A) states that prior to the final hearing on the petition designated in the summons a provisional hearing will be held at a specified time and place;(B) requires any party who is served other than by publication to appear and answer the allegations of the petition at the provisional hearing;(C) states further that findings of fact and orders of disposition made at the provisional hearing will become final at the final hearing unless the party served by publication appears at the final hearing; and(D) otherwise conforms to Rule 5;(3) A child who is of sufficient age and understanding to comprehend the proceedings is personally before the court for the provisional hearing.
(b) Interlocutory Order. All rules and statutory provisions applicable to a hearing on a petition, to orders of disposition, and to other proceedings apply under this rule, but findings of fact and orders of disposition have only interlocutory effect pending the final hearing on the petition. The rights and duties of the party served, who is being served, or who will be served by publication are not affected except as provided in Rule 8(c).
(c) Final Hearing. If the party served by publication fails to appear at the final hearing on the petition, the findings of fact and interlocutory orders made become final without further evidence. If the party appears at the final hearing, the findings and orders of the provisional hearing must be vacated and disregarded and the hearing must proceed on the allegations of the petition, unless otherwise agreed to by the party who had been served by publication.
Rule 8 was adopted effective March 1, 2010; amended effective July 1, 2021.
Rule 8 was amended, effective July 1, 2021, to update terminology and statutory references consistent with the July 1, 2021, amendments to the Juvenile Court Act, N.D.C.C. chs. 27-20.2, 27- 20.3, and 27-20.4.
SOURCES: Juvenile Policy Board Minutes of June 11, 2021; February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 29, 2008; September 21, 2007; April 20, 2007.
CROSS REFERENCE: N.D.R.Juv.P. 5 (Summons).