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What happens if the defendant does not show up and the case is dimissed?
Wiki User
∙ 13y ago
The attorney or the party whose case is dismissed will be able to make a motion to reinstate the case. This would have been a procedural dismissal and would likely have been made without prejudice to being refiled or reinstated.
If the absence had been due to some type of excusable neglect or unavoidable circumstances, the court will probably reinstate the case. If the attorney deliberately without excuse missed the court date, the party might still get the case reinstated if the court is convinced a dismissal would be an injustice to the party if through no fault of his own the case had been dismissed.
Depending on all the circumstances, it is certainly possible that the dismissal could be final. In that case, the party would have to appeal the trial court's dismissal to get it reversed.
Wiki User
∙ 13y ago
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What happens if defendant doesnt show for court?
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