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by kiddzx10802 on July 24th, 2011

kiddzx10802

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My friend is a plaintiff in a lawsuit, and says she is legally not allowed to miss court.Is this accurate? Can one be legally forced to sue?

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  • by Over and Out on July 24th, 2011

    Over and Out

    That's not forcing her to sue. It's forcing her to be present at the lawsuit she chose to pursue. That's pretty basic I would think.

    I'm not sure why anyone who brings a lawsuit would even want to miss it. If they don't take it seriously, why would anyone else?

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  • by Katrina333 on July 24th, 2011

    Katrina333

    Once you start a law suit it sets the ball in motion. There could possibly be lawyers involved and court reporters and absolutely a Judge. All of this is time consuming to the courts and it costs money. For the plantiff not to show.... That's just wrong. And penalties are applied.

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  • by kiddzx10802 on July 24th, 2011

    kiddzx10802

    nope. i worded and you read it right. She was suppose to be moving, and said cannot move now because she has to be there for court. That "legally" she is not allowed to miss the mitigation. Implying, that she would be prosecuted if she failed to appear instead of withdrawal.

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  • by zoso1166 on November 4th, 2011

    zoso1166

    This is accurate, unfortunately. If you don't show up for court, the judge is required to rule in favor of the Defendant because your absence is a Default, its called Default Judgment. Likewise, the same applied to Defendants

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  • by Thriftymaid on July 24th, 2011

    Thriftymaid

    The court has to approve an in absentia proceeding.

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  • by kiddzx10802 on July 24th, 2011

    kiddzx10802

    I have just never heard of someone being prosecuted for not following through with a lawsuit. I've never even heard of a defendant being prosecuted for not showing to civil court. Merely, who ever doesn't show, loses by default.

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  • by Proconsul on July 24th, 2011

    Proconsul

    If the plaintiff doesn't want to lose the case.

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  • by kiddzx10802 on July 24th, 2011

    kiddzx10802

    i would figure, like any other lawsuit in civil court. If ya don't show you lose. I never knew there could be criminal prosecution for not showing to civil court, especially if your the plaintiff.

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  • by Rachelle on July 24th, 2011

    Rachelle

    I have no idea but just thinking, maybe the plaintiff is required to show up to her own lawsuit yes. She already started the lawsuit and maybe the law requires her attendance. That is just me though, i usually dont get it.

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  • by Mark7 on July 24th, 2011

    Mark7

    The way you worded this question sounds as if your asking if the plaintiff could be arrested or get trouble with the law if they didn't show up for the trial for the law suit they filed against someone?? I think you may have confused that message. Im pretty sure it means that the law states in order for the justice system to hold the trial, thus allowing the plaintiff to possibly win the law suit, the plaintiff has to be present for the trial. And if she/he doesn't show up the court rules in favor of the other party. It's naive to think you can file a law suit against someone then walk away and not be involved with the court process, while everyone else does your job for you so you can win the suit.

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