43.1410 Summons, issuance, service, contents, time summons remains in effect-Hearing, time.

Cite as [A.S.C.A. § 43.1410]

(a) The court in which the proceeding is commenced issues a summons, which may be served on the defendant by any officer or person authorized to serve process of the court. The summons commands the defendant to appear for trial in accordance with this section.

(b) The summons commands the defendant to appear for trial within 10 days unless extended by the court. The summons must be served not less than 3 days before the date set for trial.

(c) A summons issued under this section remains in effect until served or quashed, or until the action is dismissed, but additional summons as needed for service may be issued upon plaintiff’s request.

(d) Except as otherwise provided by court rule, the proceeding must be heard within 7 days after the defendant’s appearance or trial date and may not be adjourned beyond that time other than by stipulation of the parties in writing or as directed by the court.

History: 1984, PL 18-27 § 1, 1986, PL 19-41 § 1.

Case Notes:

The only important difference between a "summary" and a "non-summary" proceeding for eviction is that plaintiffs who qualify for the former proceeding are ordinarily entitled to have trial within ten days, but this does not necessarily prohibit equally speedy trials in other cases. A.S.C.A. § 43.1410(b). Diocese of Samoa Pago Pago v. KMST, Inc., 15 A.S.R.2d 20 (1990).