If the plaintiff is not present the morning a case is called, can an officer of the court call the plaintiff and schedule a trial for that afternoon?

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If the plaintiff is not present the morning a case is called, can an officer of the court call the plaintiff and schedule a trial for that afternoon?

HOA dues 1st trial date: I was at the courtroom early . The case was the 3rd called by the clerk that morning. I announced that I was present in a loud voice from the 2nd row of seating. No one was in the row in front of me. The plaintiff was not present. The judge arrived, proceeded through the docket. To my surprise, the clerk announced that they had reached the end of the cases to be heard and the judge left. I was told to file a motion to defend. The new trial was on the docket. The plaintiff again was not present that morning and then court contacted the plaintiff.

Asked on January 15, 2012 under Bankruptcy Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Every court in this country has its own rules with respect to a party not showing for a hearing. Some courts may issue an order to show cause for non-appearance of a plaintiff, some may dismiss the case of a plaintiff if the plaintiff fails to appear for trial call, and some may simply continue the trial which seems to be the situation in your matter.

On some occassions the court clerk may call the plaintiff to ascertain his or her whereabouts if the plaintiff fails to attend a hearing. The same is true with a defendant.

In your situation, I see nothing out of the ordinary for the court clerk to call the plaintiff that failed to appear for an apparent trial. The setting of a new trial date for a non-appearance by the plaintiff does seem unusual to me.

 


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