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]