I was never served. Should I show up anyway. I found out about it on the internet.
2006-09-09 11:15:06 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
For temporary restraining orders, the presence of the respondent is not necessary, and the hearing can go on without you. You should go if you know about it to defend your rights.
If it is for more than a temporary restraining order, service on you is required.
Either way, if you know about it, you should go because you can speak in your defense. Even better, get an attorney to go with you.
2006-09-09 13:07:39 · answer #1 · answered by duh 2 · 2⤊ 0⤋
For a temporary restraining order, there is generally no absolute requirement for service, though 24 hours notice is generally polite.
A temporary restraining order (TRO) is put in place to provide time for an actual hearing, at which point a preliminary injunction (lasing restraining order) may or may not be issued. but the TRO is just to fill the gap until the actual hearing can occur. And that requires full notice and service.
2006-09-09 12:26:34 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
You probably aren't required to attend the hearing unless you have been served. In my jurisdiction a court hearing isn't put on the docket until all named parties have been served.
If you want to delay the proceedings then don't appear until you have been served. However, if you are interested in clearing this matter up & there really is a hearing scheduled, (confirm with the court office) then appear.
2006-09-09 11:26:25 · answer #3 · answered by No More 7 · 1⤊ 1⤋
Though you have not been formally served, you are on notice of the hearing so you must behave as though you have been properly served. Contact your attorney.
2006-09-09 12:10:10 · answer #4 · answered by Ty 1 3 · 0⤊ 0⤋