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NYS Family Court, Purpose of Inquest?

  • By: David Bliven

Q: I have a court date for an inquest because, after seven attempts, the server was unsuccessful.
#1 If the ex doesn’t show up for the Inquest, does the ‘trail’ proceed then and there?
#2 if the ex does show up, does the trial still begin, or I’m guessing the ex only gets officially served and a trial date then gets set for another day?

A: You need to file a motion for substituted service, so the server is authorized to leave a copy of the summons at your spouse’s door. An “inquest hearing” is otherwise a mini-trial done after Defendant has defaulted – but only have s/he was properly served. Schedule a consult with a Westchester Family Law attorney for a full assessment.

 

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