Tennessee § 37-1-125 - Party served by publication — Provisional hearing — Interlocutory order.

§ 37-1-125. Party served by publication — Provisional hearing — Interlocutory order.

If, after reasonable effort, a party cannot be found, or the party's postal address cannot be ascertained, regardless of whether the party is within this state, the court may order service of the summons upon the party by publication in accordance with §§ 21-1-203 and 21-1-204. The published summons shall indicate the general nature of the allegations and where a copy of the petition may be obtained. The hearing shall not be earlier than five (5) days after the date of the last publication. If service of summons upon a party is made by publication, the court may conduct a provisional hearing upon the allegations of the petition and enter an interlocutory order of disposition if the: Petition alleges delinquency, unruly conduct, or dependency or neglect of the child; Summons served upon any party: States that prior to the final hearing on the petition designated in the summons a provisional hearing thereon will be held at a specified time and place; Requires the party who is served other than by publication to appear and answer the allegations of the petition at the provisional hearing; States further that findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless the party served by publication appears at the final hearing; and [Deleted by 2016 amendment.] Child is personally before the court at the provisional hearing. All provisions of this part applicable to a hearing on a petition, orders of disposition, and other proceedings dependent thereon, apply under this section, 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 by publication are not affected, except as provided in subsection (d). 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 and are governed by this part as if made at the final hearing. If the party appears at the final hearing, the findings and orders shall be vacated and disregarded and the hearing shall proceed upon the allegations of the petition without regard to this section. Acts 1970, ch. 600, § 25; T.C.A., § 37-225; Acts 2016, ch. 717, §§ 4, 5. Amendments. The 2016 amendment added present (a); redesignated former (a)-(c) as (b)-(d); and deleted (b)(2)(D) [former (a)(2)(D)], which read, “Otherwise conforms to § 37-1-121 ; and”. Effective Dates. Acts 2016, ch. 717, § 7. July 1, 2016.