Q: In civil court if the filing party does not show up to the court date isn't the case thrown out?
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A:
In civil court, if the party who filed the case fails to appear on the scheduled court date, it does ALWAYS automatically result in the case being thrown out, although it very well may. Instead, the court may proceed with the case in the absence of the filing party, potentially leading to an unfavorable judgment or ruling against them.
The court may also consider the reasons for the non-appearance. If the filing party had a valid reason, such as a medical emergency or unavoidable circumstance, they should communicate this to the court as soon as possible. In some cases, the court might grant a continuance or reschedule the hearing.
However, if the non-appearance is without a valid reason and the filing party fails to communicate with the court, it can indeed lead to adverse consequences, including the dismissal of their case. It's essential to be proactive in communicating with the court and seeking legal advice if you are unable to attend a scheduled court date to avoid unfavorable outcomes in your case.
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