LCRLJ 40(a) (5) and (d) NON-APPEARANCE OF A PARTY OR PARTIES ON TRIAL DATE (a) If the plaintiff does not appear within thirty (30) minutes of the time set for trial, and no request for extension of time is received by telephone or otherwise, defendant, upon motion, may be granted a judgment of dismissal without prejudice, be awarded costs, and if otherwise authorized, a reasonable attorney’s fee, and if a counterclaim, upon satisfactory proof, may be awarded judgment thereon. (b) If the defendant does not appear within thirty (30) minutes of the time set for trial, and no request for extension of time is received by telephone or otherwise, the plaintiff, upon motion, may be granted judgment as prayed for, upon satisfactory proof to the court, including costs and if otherwise authorized a reasonable attorney’s fee. (c) In the event neither party appears at the time set for trial, or thirty (30) minutes thereafter, the matter shall be dismissed without prejudice, (including counterclaims) unless the court has received prior notification of agreed or confessed judgment, settlement, dismissal, or continuance. Notification may initially be oral and/or by telephone, but will not be deemed completed until it has been followed up with a clear written statement by the person making such notification, such written statement shall be caused to be on file with the court by 4:30 p.m. on the fifth day following the oral telephonic notification. [Effective September 1, 2002]
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