That depends on the circumstances.
Added: But it is always something that should be requested if they do not appear. The court will make a determination of the circumstances of the officers FTA. Oftentimes the very nature of an officers work requires that he be involved in, or tied-up with, another case and he simply cannot make it. However, if it is determined that, through negligence, they FTA'd the judge may dismiss the charge for "want of prosecution."
Yes, your can make the attempt. If you are present in court when the case is called but the plaintiff is not, you can make an oral motion to the bench that the judge consider declaring you have won the court action due to the default of the other party.
If a case is dismissed, then the case is over and no judgment is given. Everyone hopefully goes home happy.
Sure. If there is enough evidence to convict in a case without the witness then a person can be convicted.
It means that the case is dismissed because the plaintiff did not show up in court.
Plaintiffs do not charge. They file lawsuits. The plaintiff can always file, but if the case is dismissed with prejudice, a new filing cannot be litigated. If a case is dismissed with prejudice, it means res judicata applies, and a new filing would be dismissed because the issues have already been litigated. If the case is dismissed without prejudice, it means that it has been voluntarily dismissed or dismissed for some reason to allow the case to be refiled and re-litigated later.
"Dismiss with leave" typically indicates that a case or matter has been dismissed, but with the possibility of it being refiled or revisited at a later time if certain conditions are met or new evidence emerges. It allows the option for the case to be reopened or continued in the future.
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.
The Plaintiff may withdraw the lawsuit, however, since the defendants have filed their counter claim, the suit will continue (now) against the plaintiff.
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.
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.
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.
A "Dismissed without Prejudice" order means that the lawsuit is being dismissed by the court, but the case can be re-filed if the party chooses to re-file. This often happens when a lawsuit is filed but, for some reason, it is not pursued. Maybe a plaintiff becomes ill, or maybe a witness can't be located. The possibilities are endless. Rather than the case sitting in the court docket without there being any activity on it, the court dismisses it. On the other hand, a case that is "Dismissed WITH Prejudice" means, usually, that the claim is barred from being refiled.
When a foreclosure case is dismissed without prejudice in Georgia, it means that the case has been temporarily halted or canceled, but the lender retains the right to refile the case at a later time. This could happen for various reasons, such as procedural errors or the need to gather more evidence.
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).
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.