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Brewster Howard Jamieson

Brewster Jamieson’s Answers

1 total

  • Lack of prosecution

    Got a letter and it says, " A failure to appear or timely file the pre-trial order on the date set for hearing will be considered lack of prosecution under K.S.A. 60-241 or 60-216. This is your notice of the court's intention to dismiss the action...

    Brewster’s Answer

    I am not a Kansas lawyer, but I see two questions: First, the notice you quote appears to be aimed at the plaintiff, who has failed to move the case along. if the plaintiff continues to do nothing, then the court will dismiss the case, usually "without prejudice" (meaning that the plaintiff could re-file at a later date). Usually, a plaintiff who receives a notice like this will move things along and file the necessary paperwork.

    The other question seems to be what happens if the defendant does not show up to defend. Failing to appear in a civil case where you have been served will usually lead to something known as "default." Once a default is entered, then a judgment can be entered against the defendant after a simple process to establish damages. That judgment would be just as enforceable against you as one that follows a fully-contested trial. If you wish to contest the case against you, and you think you have valid defenses, then you should show up and make your arguments. Having a lawyer to help you is a good idea, as you may be unaware of the defenses available to you.

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