8-3-5.5. APPEARANCE DATE AND JUDGMENT - AMENDMENT.

  1. If the tenant answers in writing to contest the Complaint, the Court must set a hearing date. An answer must state any defenses or factual disputes and must be served upon the Plaintiff within five (5) days of any hearing, excluding weekends and holidays.
  2. An eviction case must be given a hearing date which is no more than fifteen (15) days following the date of service of the Summons and Complaint, except when the hearing date would fall on a weekend or holiday, and in such a situation, on the first working day following that date. A separate hearing for damages may be scheduled at a later date.
  3. A party may, for good cause shown, and upon the payment of a reasonable sum for the fair rental value of the premises between the date on which the Complaint was filed and the date of hearing, obtain an extension of time beyond the fifteen (15) day period. The Court may refuse to extend the date of hearing where the Complaint is based upon conduct which is alleged to constitute a serious danger to public health, safety or peace.
  4. If a tenant fails to answer in the time periods set forth above in writing the complainant may after testimony or affidavit to prove that he is entitled to the relief requested and the Court upon such proof shall enter judgment accordingly.
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