Utah Code 31A-27a-203. Return of summons and summary hearing
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(1) The receivership court shall hold a summary hearing at the time and date for the return of summons on a petition to commence a formal delinquency proceeding.
Terms Used In Utah Code 31A-27a-203
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Commissioner: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
- Continuance: Putting off of a hearing ot trial until a later time.
- Delinquency proceeding: means a:(9)(a) proceeding instituted against an insurer for the purpose of rehabilitating or liquidating the insurer; and(9)(b) summary proceeding under Section 31A-27a-201. See Utah Code 31A-27a-102
- Filing: when used as a noun, means an item required to be filed with the department including:
(70)(a) a policy;(70)(b) a rate;(70)(c) a form;(70)(d) a document;(70)(e) a plan;(70)(f) a manual;(70)(g) an application;(70)(h) a report;(70)(i) a certificate;(70)(j) an endorsement;(70)(k) an actuarial certification;(70)(l) a licensee annual statement;(70)(m) a licensee renewal application;(70)(n) an advertisement;(70)(o) a binder; or(70)(p) an outline of coverage. See Utah Code 31A-1-301- Formal delinquency proceeding: means a rehabilitation or liquidation proceeding. See Utah Code 31A-27a-102
- Good faith: means honesty in fact and intention, and in regard to Part 5, Asset Recovery, also requires the absence of:
(19)(a) information that would lead a reasonable person in the same position to know that the insurer is financially impaired or insolvent; and(19)(b) knowledge regarding the imminence or pendency of a delinquency proceeding against the insurer. See Utah Code 31A-27a-102- Order: means an order of the commissioner. See Utah Code 31A-1-301
- Person: includes :
(146)(a) an individual;(146)(b) a partnership;(146)(c) a corporation;(146)(d) an incorporated or unincorporated association;(146)(e) a joint stock company;(146)(f) a trust;(146)(g) a limited liability company;(146)(h) a reciprocal;(146)(i) a syndicate; or(146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301- Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
- receivership: means a rehabilitation, liquidation, or ancillary receivership. See Utah Code 31A-27a-102
- receivership court: refers to the court in which a delinquency proceeding is pending. See Utah Code 31A-27a-102
- Summons: Another word for subpoena used by the criminal justice system.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) If a person is not served with summons on a petition to commence a formal delinquency proceeding and fails to appear for the summary hearing, the receivership court shall:(2)(a) continue the summary hearing not more than 10 days;(2)(b) provide for alternative service of summons upon the person; and(2)(c) extend any restraining order.(3) Upon a showing of good faith efforts to effect personal service upon a person who fails to appear for a continued summary hearing, the receivership court shall order notice of the petition to commence a formal delinquency proceeding to be published. The order and notice shall specify:(3)(a) a return date not less than 10 nor more than 20 days after the day on which notice is published; and(3)(b) that the restraining order is extended to the continued hearing date.(4) If a person fails to appear for a summary hearing on a petition to commence a formal delinquency proceeding after service of summons, the receivership court shall enter judgment in favor of the commissioner against that person.(5)(5)(a) A person who appears for the summary hearing on a petition to commence a formal delinquency proceeding shall file its answer at the hearing and the receivership court shall:(5)(a)(i) determine whether to extend any temporary restraining order pending final judgment; and(5)(a)(ii) set the case for trial on a date not more than 10 days from the day on which the summary hearing is held.(5)(b) The receivership court may not grant a continuance for filing an answer. - Filing: when used as a noun, means an item required to be filed with the department including: