If I file a civil case in family court but am unable to show up for the scheduled hearing, and the court refuses to reschedule, can I be prosecuted? What usually happens in situations such as this?
2007-07-13 10:50:47 · 6 answers · asked by onebigfool 3 in Politics & Government ➔ Law & Ethics
If the Plaintiff doesn't show up, and the Defendant does, the case will be dismissed, probably "with prejudice", which means you lose.
If nobody shows up, they might still do that, but they might also default the Defendant meaning you win, or they might just not hear it and wait for someone to file a Motion to do one or the other.
You won't be prosecuted or be held in Contempt. Unless for some bizarre reason you sent yourself a Subpoena.
2007-07-13 10:55:56 · answer #1 · answered by open4one 7 · 1⤊ 1⤋
Probably not, although I suppose the Court could find you in contempt and toss you in jail for a couple of days. Realistically, though, the most likely scenario is that the judge will dismiss your case if you don't show.
2007-07-13 17:54:35 · answer #2 · answered by John W 3 · 0⤊ 0⤋
Not showing up for a civil case is generally not grounds for criminal contempt, so would not result in jail time.
However, whichever party doesn't show up usually loses the case automatically. So, if you can't be there, you need to hire an attorney to represent you.
2007-07-13 17:53:55 · answer #3 · answered by coragryph 7 · 3⤊ 1⤋
You won't be prosecuted. You violated no law. But you'll likely loose your case. So ask for a continuance. Similar to a postponement.
2007-07-13 17:56:03 · answer #4 · answered by Anonymous · 1⤊ 1⤋
you will lose the case by default
2007-07-13 17:59:20 · answer #5 · answered by plhudson01 6 · 0⤊ 0⤋
Default judgement. You lose.
2007-07-13 17:53:40 · answer #6 · answered by Anonymous · 1⤊ 1⤋