§ 2035.040.Notice of petition; form and content; manner and time of service; order for

Filing the petition under Section 2035.030 is only the first step; this section makes sure the people the petitioner expects to sue, or be sued by, learn about it before the court acts. Notice goes to every natural person or organization named in the petition as an expected adverse party, served the same way a summons would be served in a filed lawsuit, along with a copy of the petition itself and a statement of when and where the petitioner will ask the court for the requested order. That notice has to reach the expected adverse parties at least 20 days before the hearing date, giving them real time to prepare an objection or show up.

Sometimes a petitioner cannot track down an expected adverse party despite genuine effort. For that situation, this section lets the court order service by publication once the petitioner has exercised due diligence trying the ordinary route. And because a party served only by publication may never see the notice at all, the section adds a safeguard: if that party does not appear at the hearing, the court appoints an attorney to represent it, for every purpose including cross-examining any witness deposed under the eventual order, with the petitioner footing that attorney's reasonable fees and expenses.