Plaintiff is not in the United States. He went back to Mexico in 2012. Before he goes back to Mexico, he singed to a lawyer to sue me. This is Civil Case.
So if plaintiff does not attend, only his lawyer attend while Trial Setting Conference (December 2013)and Trial Date (Don't know yet), what does it happen? (Regarding Wrongful Termination)
Dismiss the Case?
A plaintiff who is represented by counsel does not need to appear in court for a Trial Setting Conference. Only the lawyer representing the plaintiff needs to appear in court. There is no basis to dismiss the court for a plaintiff's failure to appear at case management conferences or trial setting conferences.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
A trial setting conference is usually attended by counsel without the party, although there is nothing preventing a party from attending. The trial itself is usually attended by both the attorney and the party, but there is no requirement that the party attend. As a practical matter, parties usually attend portions of the trial and in most instances will take the stand to testify at some pint.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
Personal Injury Lawyer
An attorney can appear at virtually any court conference, particularly one focusing on procedural issues, without the client, unless the court specifically directed the parties themselves to be present for some reason. However, at the trial itself, the plaintiff is the only one who can testify in his/her own behalf - the attorney can't do that for the client.
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