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Can a court case be dismissed if the plaintiff does not show but his attorney does?
Wiki User
∙ 12y ago
Not in a criminal case. In such cases the prosecuting attorney represents all of the people of the state and/or country and therefore represents the orignal plaintiff/victim.
A civil trial is basically the same, if the plaintiff has legal representation. For example, a credit card company sues for debt owed. It is understood that the CC's legal counsel if the plaintiff by proxy and has the right to "prosecute" the case.
If the civil suit has been brought by an individual plaintiff representing themselves, he or she must be present at the time of the trial or the case will be dismissed (generally w/o prejudice). Likewise, if legal counsel does not appear the case will be dismissed.
Wiki User
∙ 12y ago
It is possible for a court case to be dismissed if the plaintiff does not show up but their attorney does. However, this typically depends on the circumstances of the case and the judge's discretion. The judge may choose to proceed with the case or dismiss it based on factors such as the reasons for the plaintiff's absence and the importance of their testimony.
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When the attorney for the plaintiff does not show up in a small claims court is the case dismissed?
In small claims court, if the attorney for the plaintiff does not show up, the case may still proceed. However, it ultimately depends on the judge's discretion. The judge may choose to dismiss the case or reschedule it for a later date.
What does it mean when a case is dismissed plantuf did not show?
It means that the case is dismissed because the plaintiff did not show up in court.
What is Plaintiff's application is dismissed with costs?
This means that the plaintiff's request to the court has been denied, and they will be responsible for paying the legal costs associated with the case. The plaintiff has not succeeded in their legal action.
Plaintiff's claim and order to go to small claims court disposed with disposition of court dismissal- lack of prosecution?
The wording of the question is too cryptic - however - it appears that the Plaintiffs claim was dismissed due to the plaintiff's lack of prosecution (e.g.: The plaintiff failed to appear in court to press their case -or- the plaintiff withdrew their case- etc).
What happens if you and the defendant don't show up on a hearing for child support case at court?
You lose. If the defendant doesn't show up for their notified court hearing, a default judgment will be made against them. If the plaintiff doesn't show up, the case will be dismissed. In the case of a defendant, the plaintiff will then go about collecting the award through garnishment of wages and placing liens on property.
What is the consequence of plaintiff failure to appear in Virginia district court?
If the defendant fails to appear in a civil court lawsuit, the plaintiff can motion the court for what is known as a default judgement. In laymen terms, they win. If the defendant shows up but the plaintiff did not, they can motion to have the case dismissed with prejudice. This means that the person who sued them cannot bring the same matter back to the courts again.
Can plaintiff in civil statecase remove to federal jurisdiction?
No. Only the Defendant has the right to remove. If the P wants to file the case in a federal court, they could have to get the case dismissed and re-file the case in the federal court. Plaintiff gets choice of forum, so if he wanted federal court, he should've filed it there initially.
What happens if the plaintiff doesn't show up to court?
If the plaintiff fails to appear in court, the case may be dismissed for lack of prosecution. The defendant may potentially ask for a default judgment in their favor due to the plaintiff's absence. It is important for all parties involved in a legal proceeding to attend scheduled court dates.
Where do you get a form to have signed by a judge specific to your already dismissed case by DWOP?
Where is your attorney? Have the Clerk Of the Court, give you an extract of the judge's order which should be contained in the case court file.
What does the legal term with prejudice mean?
It can have several meanings depending on the context and the phraseology of the sentence in which it is contained. Give the fully worded example please. "Dismissed with Prejudice" means the case is dismissed, forever.It can't be brought back to court. A case dismissed without prejudice means the opposite. It's not dismissed forever.If the case was dismissed without prejudice, a plaintiff could resurrect it, if, for instance, there was some new evidence. But, "with prejudice" means the court is closing the case permanently.
Can a dismissed case be re-opened The court never said if it was dismissed with or without prejudice. Just that the case was dismissed and I was free to go?
When a case is dismissed with prejudice the State cannot refile the charges.Added: When it is dismissed WITHOUT prejudice, the charges CAN be re-filed and you can be prosecuted. Regardless of what you remember, the original case file will reflect in what manner the original case was resolved. Do the research or ask your attorney.
Do both the plaintiff besides the lawyer if there is one and the defendant besides the lawyer if there is one have to show up for a trial?
Only if they want to win. If plaintiff fails to show the case will be dismissed. If defendant fails to show the court will let plaintiff proceed to prove his case. In that situation, there is no contempt of court or any other such charge that would be made against the missing party.
