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  • Appearance
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Trials - Appearance

Plaintiff’s failure to make appearance

If plaintiff fails to make appearance while the defendant does make appearance, the attitude of defendant in providing testimony could make a difference.

First, if the defendant does not provide any testimony, the presiding judge sets a new hearing date. If both parties fail to make appearance on the new hearing date or only defendant makes appearance and again fails to provide any testimony, the court may leave the case without setting any hearing date. If the plaintiff fails to make an application to set a hearing date within one month, the lawsuit will be deemed to have been withdrawn.

On the other hand, even if the plaintiff fails to make appearance, if defendant provides testimony with regard to plaintiff’s claims, the hearing may proceed in light of the plaintiff’s statements in the complaint.

Defendant’s failure to make appearance

If plaintiff and defendant both fail to make appearance on the hearing date, the court may re-designate a hearing date and issue relevant summons. If plaintiff makes appearance and provides testimony as to the complaint, and if the defendant fails to submit the answer or other legal briefs, then the court may find that all of the plaintiff’s claims are true. If the defendant has submitted the answer or other legal briefs, the court may find that such answer has been testified to and proceed with the hearing.