Texas Family Code - Section 61.052. Notice And Appearance
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§ 61.052. NOTICE AND APPEARANCE. (a) On the filing of a
motion for enforcement, the court shall by written notice set the
date, time, and place of the hearing and order the person against
whom enforcement is sought to appear and respond to the motion.
(b) The notice must be given by personal service or by
certified mail, return receipt requested, on or before the 10th day
before the date of the hearing on the motion. The notice must
include a copy of the motion for enforcement. Personal service must
comply with the Code of Criminal Procedure.
(c) If a person moves to strike or specially excepts to the
motion for enforcement, the court shall rule on the exception or
motion to strike before the court hears evidence on the motion for
enforcement. If an exception is sustained, the court shall give the
movant an opportunity to replead and continue the hearing to a
designated date and time without the requirement of additional
service.
(d) If a person who has been personally served with notice
to appear at the hearing does not appear, the juvenile court may not
hold the person in contempt, but may issue a capias for the arrest
of the person. The court shall set and enforce bond as provided by
Subchapter C, Chapter 157. If a person served by certified mail,
return receipt requested, with notice to appear at the hearing does
not appear, the juvenile court may require immediate personal
service of notice.
Added by Acts 2003, 78th Leg., ch. 283, § 28, eff. Sept. 1, 2003.
Section: 60.012 61.001 61.002 61.003 61.0031 61.004 61.051 61.052 61.053 61.054 61.055 61.056 61.057 61.101 61.102
Last modified: August 11, 2007
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