LRSC 1. FIRST APPEARANCE
(a) The term "appear" means personal appearance of the
parties involved. At the first appearance, an employee or
agent (not an attorney) may appear if that employee/agent
has the sufficient facts in order to present the case, and
is authorized to bind the party represented.
(b) If the plaintiff and defendant both appear on the
assigned first appearance date the case will be assigned a
mediator and will mediate that same day. Mediation is
mandatory before a trial is allowed. Parties must bring
their evidence to the mediation, however, no witnesses are
allowed. The purpose of mediation is to settle the case if
possible; if no settlement is made at mediation, the case
will be set for trial. Attorneys and paralegals may not
represent parties at mediation. If the parties have already
submitted the case to another type of mediation or
arbitration service, the case may proceed directly to trial.
If agreement is reached the parties will sign an agreement
which will be entered into the record. Parties will receive
a copy of the agreement. No judgment will be entered. If
the agreement is breached, the nonbreaching party may return
to the court for judgment after serving and filing a motion
and affidavit setting forth the failure to comply with the
terms of the agreement.
(c) If the plaintiff fails to appear, a dismissal will be
entered. In cases where the defendant has filed a written
counterclaim against the plaintiff and proof of service is
presented, the defendant may be allowed judgment against the
Plaintiff on the counterclaim. Oral counterclaims are
allowed only if both parties appear at the first hearing,
and then only if the counterclaim arises out of the same
transaction or event upon which the Plaintiff's claim is
based.
(d) If the defendant fails to appear and proof of service is
presented, and if the plaintiff's testimony supports the
claim, the plaintiff will be granted a default judgment
against defendant up to the amount claimed and for costs.
(e) If neither party appears the case will be dismissed
without prejudice.
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