Subject:Case Dismissed
Date: Tue, 12/02/2008 - 08:53
Question:Hi, I went to civil court early this morning, only to have my case dismissed by the judge because the plaintiff failed to appear. Now, I read that this means that I won by default, but is this true for all states in the US? (I'm from New York)
I would also like to know whether the plaintiff can make a motion if he has a valid reason for not showing up (ie: traffic, emergency, etc.). And if he/she does, what would happened to my dismissed case?
I would also like to know whether the plaintiff can make a motion if he has a valid reason for not showing up (ie: traffic, emergency, etc.). And if he/she does, what would happened to my dismissed case?
Courts hear complaints, and in order for the court to render jud
Courts hear complaints, and in order for the court to render judgment, the person complaining (plaintiff) does need to be present. That is part of due process. So in all 50 states, if the plaintiff no-show's, the case will be dismissed for want of prosecution.
Now whether they can re-file or not, depends whether the case was dismissed "with" or "without" prejudice. "With" means they cannot file again, "without" means they can re-file.
