What happens if the plaintiff or the defendant fails to appear for a hearing date?
If the plaintiff fails to appear for the hearing, the case will be dismissed. If the defendant fails to appear, a default judgment will be entered. The court will prepare the appropriate judgment. Both parties in these instances would have the right to file a motion to set aside the dismissal/default judgment within 21 days from the date the dismissal or the default judgment is signed. Download theMotion to Set Aside Default and Order – DC99 form (file size 90k) to file a motion to set aside the dismissal/default judgment. If the motion is granted, a trial date could occur immediately following the outcome of the motion or a new trial date may be held.
