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It is not required to have an attorney present at a small claims hearing.

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16y ago

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What happens if the plaintiff suing you in ca small claims court doesn't show up?

If the plaintiff doesn't show up in a California small claims court, the case may be dismissed. The defendant may also ask for a dismissal due to the plaintiff's absence. The judge will typically rule in favor of the defendant if the plaintiff is not present to present their case.


What happes if the Plaintiff does not appear in court?

If the plaintiff does not appear in court, the case may be dismissed or a default judgment may be entered in favor of the defendant. The plaintiff may lose the opportunity to present their case and the court may rule in favor of the defendant by default.


Do you have to be present at small claims court?

In small claims court, you as the plaintiff or defendant do need to be present during the hearing. If you are unable to attend, you should notify the court in advance and seek rescheduling or alternatives like representation by an attorney or authorized agent.


What is Plaintiff's application is dismissed with costs?

I think this means when the Plaintiff's case is dismissed, meaning the court is not going forward with the charges, and with the costs, means the Plaintiff is responsible for the court costs. Usually this is done when the court feels the case isn't supported by facts, or evidence, or that the case shouldn't have been filed to begin with. Now it has been a while since a worked in the court system, but I think this still holds water.


What if plaintiff has no standing to bring an action?

If the plaintiff lacks standing to bring an action, the court may dismiss the case for lack of jurisdiction. Standing requires the plaintiff to have a personal stake in the outcome of the case. Without standing, the court cannot hear the case.

Related Questions

What happens if the plaintiff suing you in ca small claims court doesn't show up?

If the plaintiff doesn't show up in a California small claims court, the case may be dismissed. The defendant may also ask for a dismissal due to the plaintiff's absence. The judge will typically rule in favor of the defendant if the plaintiff is not present to present their case.


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).


Do you have to give deposition at defendants lawyer's after filing small claims suit?

Defendant should not have a lawyer in Small Claims Court. Most small claims actions forbid having an attorney appear unless the attorney is the plaintiff or defendant.


What if the plantiff in a divorce cannot appear in court?

The plaintiff or their attorney can request for a rescheduling of the hearing.The plaintiff or their attorney can request for a rescheduling of the hearing.The plaintiff or their attorney can request for a rescheduling of the hearing.The plaintiff or their attorney can request for a rescheduling of the hearing.


Can a court case be dismissed if the plaintiff does not show but his attorney does?

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.


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.


Who pays court fees in small claims court?

The plaintiff does when they file a claim. These charges can be recovered if the plaintiff wins his case.


When a plaintiff sues the federal government for monetary damages which court hears the case?

US Court of Federal Claims would hear those cases.


Does the plaintiff have to be in court for a motion to discontinue child support?

Either the plaintiff and/or his or her legal representative must be in attendance or the hearing will be dismissed with or without prejudice.


What happes if the Plaintiff does not appear in court?

If the plaintiff does not appear in court, the case may be dismissed or a default judgment may be entered in favor of the defendant. The plaintiff may lose the opportunity to present their case and the court may rule in favor of the defendant by default.


Who decides if civil or small claims?

The plaintiff decides. However, there are two main exceptions: If it is over $5000, it must be tried in county court. And, if the Defendant wishes, he or she may remove the case from Small Claims court to county or district court where he or she may be represented by an attorney. Be careful, if you file in small claims court and it is removed, you will lose the right to trial by jury.


What should you do if a lawsuit was filed against you yet false information was knowingly told by plantiff in petition for custody?

You or your attorney must raise that issue during the hearing. You provide evidence to show the plaintiff is lying to the court or ask the court to order the plaintiff to provide proof of their claim. You do not wait until the matter is over to claim the plaintiff lied.You or your attorney must raise that issue during the hearing. You provide evidence to show the plaintiff is lying to the court or ask the court to order the plaintiff to provide proof of their claim. You do not wait until the matter is over to claim the plaintiff lied.You or your attorney must raise that issue during the hearing. You provide evidence to show the plaintiff is lying to the court or ask the court to order the plaintiff to provide proof of their claim. You do not wait until the matter is over to claim the plaintiff lied.You or your attorney must raise that issue during the hearing. You provide evidence to show the plaintiff is lying to the court or ask the court to order the plaintiff to provide proof of their claim. You do not wait until the matter is over to claim the plaintiff lied.