Seal

Rule 102. Summary proceedings

(a) Time of hearing. Upon return of process, the court shall proceed to hear and determine the cause in a summary manner. The hearing may be postponed in the discretion of the judge.

(b) Hearings and trials, when private. Hearings and trials may be conducted in private, where the welfare of the child or children, if any, requires, in which event the court in its discretion shall admit only such persons as are directly interested in the cause being heard or tried. No child shall be present at a hearing or trial unless his testimony be necessary for a determination of the cause. On the issue of custody, in the discretion of the judge, the testimony of a child may be taken privately in chambers.

(c) Failure to appear. In civil causes, if the plaintiff does not attend the hearing of the matter before the court, the court may dismiss the complaint or adjourn the matter to a future date and re-notify the party or take such action in the matter as may be just and proper in the circumstances.

(d) Statement of findings. In causes heard in summary manner, the court shall make a general finding, and in addition on request, find the facts specially.--Amended May 28, 1957.