TITLE 8
Courts and Civil Procedure – Courts

CHAPTER 8-8.3
Extreme Risk Protection Orders

SECTION 8-8.3-6


§ 8-8.3-6. Service of one-year extreme risk protection orders.

(a) A one-year extreme risk protection order issued under this chapter shall be personally served upon the respondent by the division of sheriffs. Provided, the division of sheriffs may request the assistance of the state police with the service as needed. If the division of sheriffs cannot complete service of the one-year extreme risk protection order upon the respondent within seven (7) days of the order's issuance, the deputy sheriff shall notify the petitioner and the court. The petitioner shall then seek an order for alternative service pursuant to this chapter.

(b) If the court determines that after diligent effort, personal service on the respondent with or of any documents as required pursuant to this chapter cannot be made, then the court may order an alternative method of service designed to give reasonable notice to the respondent. Alternative service may include, but shall not be limited to: service by certified and regular mail at respondent's last-known address or place of employment; leaving copies at the respondent's dwelling or usual place of abode with a person of suitable age and discretion residing therein; or by affixing a summons to the door of the respondent's residence. Provided, due to the nature of these proceedings, notice shall not be given by publication in a newspaper.

(c) In the event personal service of any order, notice, or other document issued pursuant to this chapter cannot be obtained, the court shall have discretion to continue any extreme risk protection order, and hearing thereon, as the court deems appropriate, until service can be made upon the respondent.

(d) Upon receipt of alternative service of any order, notice, or other document issued pursuant to this chapter, the respondent shall comply with the order, notice, or document as if personally served.

History of Section.
(P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.)