What happens at a default hearing?
What happens at a default hearing?
A default hearing is when you come to court to tell the judge about your case and ask the judge for default judgment. When your case is called, the judge will first ask that you be sworn to tell the truth. The judge will make sure that the papers in the court file show that service of process was complete.
What happens if my husband doesn’t show up for divorce court?
Failure to appear means you have skipped a scheduled court date without notifying the court. You can be charged with contempt of court, and the judge can issue a bench warrant for your arrest. While such measures don’t usually happen in a divorce case, you still should always show up in court if required to do so.
What happens if the defendant fails to appear in Family Court?
If the Plaintiff does not show up for the trial and the Defendant does appear, if the Defendant asks, the Court may dismiss the case without prejudice. If the Plaintiff does refile the case and again fails to appear at trial, the Small Claims Rules say the Court may dismiss with case with prejudice.
On what grounds can a civil case be dismissed?
The plaintiff fails to attend discoveries or Court applications, or fails to follow Court orders that require the plaintiff to take various steps in the litigation. Over time, these delinquencies can give grounds to dismiss a plaintiff’s case, for not following the rules or Court orders.
What happens after a default judgment?
If the court has entered a default judgment against you, the plaintiff can collect it like any other judgment. If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment.
