Pre-trial Summons cannot be served? How can a Plf reschedule a court hearing on a Small Claim case if the Def is out of state and cannot be served?
If it's a Pretrial hearing and the Def is not served plaintiff files request to remove case from pre-trial docket due to lack of service. Once that is filed, they need to provide a new address for the defendant – we will issue alias summons for $10 with the new pretrial date. This step is ONLY done when defendant cannot be served.
If defendant has been served either party may file a request for continuance.
If it’s a Final hearing then the plaintiff will need to contact the JA in the Judge’s office to reschedule.