Is "I forgot my court date" a legitimate defense?

Asked over 2 years ago - Westbrook, ME

A judgement of abuse was ruled against my wife's ex-boyfriend when he did not show in court. He is appealing on the grounds of "I forgot my court date".

Attorney answers (4)

  1. Rixon Charles Rafter III

    Contributor Level 20

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    Answered . It is not a valid excuse, and it depends on the state, the court, the judge, and BF's lawyer. FYI, courts don't like to deprive citizens of property or liberty, with out due process of law. Don't be surprised if the ex BF gets a second bite at the apple.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  2. Matthew F. Govan

    Pro

    Contributor Level 7

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    Answered . I guess I am in the minority here. I say an emphatic NO. If "I forgot my court date" is the grounds he put in his pleading, he will not get another chance. This is not an issue involving children or even property. I am presuming your wife filed a civil complaint for protection from abuse against this individual. The Judge has 30 or 40 of these complaints in front of him every Friday morning in District Court. He does not get another bite at the apple.

  3. Patrick T. Donovan

    Contributor Level 14

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    Answered . Normally the answer is no however I believe it is up to the judge to decide if it is fair or not to give him a chance at a hearing.

  4. Ronald S. Pichlik

    Contributor Level 18

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    Answered . He might get a chance to litigate the issue. However, I forgot, is not a good excuse.

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