Q: Does the Plaintiff have to show up for hearings in a Civil Case?
The Plaintiff against me in a civil case involving an assault charge never showed up to any of the hearings, they were able to get a partial summary judgement and now there going to have a final judgement hearing without the Plaintiff showing up again, only their lawyer. Doesn't the Defendant have the right to face their accuser? Can the case be dismissed on these grounds?
A:
The " right to face your accuser" applies in criminal proceedings. It may not be necessary for the plaintiff to appear in person depending on the scope of the partial summary judgment and the nature of the damage testimony. If the plaintiff is seeking purely economic damages, like lost wages and past medical expenses, there are other witnesses and documentary evidence that likely will be used to support a damage award. If the plaintiff is also seeking non-economic damages like past pain and suffering, it may be very difficult for the attorney to prove such damages without the plaintiff's testimony.
It is unlikely the case will be dismissed if the plaintiff chooses to appear by attorney and not in person.
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