§ 75-1-401 — Notice -- Method and time of giving.

(1) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or the person's attorney if the person has appeared by attorney or requested that notice be sent to the person's attorney. Notice shall be given by the clerk posting a copy of the notice for the 10 consecutive days immediately preceding the time set for the hearing in at least three public places in the county, one of which must be at the courthouse of the county and:

(1)(a) (1)(a)(i) by the clerk mailing a copy thereof at least 10 days before the time set for the hearing by certified, registered, or ordinary first class mail addressed to the person being notified at the post-office address given in the demand for notice, if any, or at the person's office or place of residence, if known; or
(1)(a)(ii) by delivering a copy thereof to the person being notified personally at least 10 days before the time set for the hearing; and
(1)(b) if the address, or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing for the county where the hearing is to be held, as a class A notice under Section 63G-30-102, for at least 10 days before the day of the hearing.
(2) The court for good cause shown may provide for a different method or time of giving notice for any hearing.
(3) Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding.

Legislative History

Amended by Chapter 435, 2023 General Session