Will the respondent know a Marchman Act petition has been filed?

Typically, initially, the respondent is not going to know because it’s a confidential filing. However, the respondent is entitled to receive notice of the hearing. So, after the petition is filed, it’s been reviewed, and a hearing has been set, the respondent has to receive notice. Typically, it’s done by either a process server if you’re using a private lawyer, or, if you’re doing it yourself, then the court is going to send out the local sheriff or a law enforcement officer to serve that person with a copy of the notice of hearing and the summons—the court order mandating them to come before the court and answer to the petition.

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