Filing Fees

• In most states, court-mandated filing fees are required to be paid before any hearings are scheduled or motions are considered. While laws vary by state, filing fees must typically be paid when the case is initiated by the petitioning party. Respondents, however, because they are not the party bringing the action, are not required to pay court-mandated filing fees unless the judge rules in favor of the petitioner and orders that the respondent is responsible for payment of court costs.
  
  

Hearing Schedule

• Once all filing fees are paid, a hearing is typically scheduled at the earliest available time. When the hearing is scheduled depends greatly on the court's docket, the type of case being heard and any mandatory waiting periods that are required by state law. While laws vary by state, cases such as adoption hearings, divorce and child custody hearings and matters relating to real estate disputes typically require a waiting period of at least 30 days from the date the petition is filed.
  
  

Notice or Publication

• Once a hearing has been scheduled, the defendant or respondent in the matter must be served proper notice that a pleading has been filed and notifying them of the time and date of the upcoming hearing. While requirements vary by state, most states require that formal notice of the hearing be sent either by certified or first class mail to the respondent's last known address. If the respondent's address is unknown, courts typically require that notice of the hearing, complete with the names of both petitioner and respondent, be filed in the legal notices section of a regularly published public newspaper for a period of time specified by state law.
  
  

Affidavits and Proof of Notice

• Once notice of the upcoming hearing has been sent, most courts require that proof of notice be presented and filed with clerk of court. Proof of notice may consist of a receipt for certified mail, a sworn affidavit that has been notarized by a state-recognized notary public affirming that the notice has been sent to the respondent at his last known address or a copy of the publication notice as filed in the local community newspaper. Most courts require proof of notice to be filed to protect the respondent's right to due process and will not proceed with the hearing until proof of notice is filed.