LCRLJ 41
NON-APPEARANCE OF A PARTY OR PARTIES ON TRIAL DATE
If the plaintiff does not appear within sixty (60) 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.
If the defendant does not appear within sixty (60) minutes of the time
set for trial, 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.
In the event neither party appears at the time set for trial, or within
sixty (60) minutes thereafter, the matter shall be dismissed without
prejudice, (including counterclaims) on or after the fourteenth (14) day
following the scheduled trial date, 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 followed with a clear written statement
by the person making such notification. Such written statement shall be
filed with the court by 4:30 p.m. on the fifth (5) day following the oral
telephonic notification.
Click here to view in a PDF.
|
| Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library |
| Back to Top | Privacy and Disclaimer Notices |