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What if I mistake the time of my court date

Roseville, CA |
Filed under: Litigation

I am not sure whether my court date is at eight thirty or one thirty what happens if I show up and was wrong?

Attorney Answers 6

  1. Anything from having your case dismissed to just being 'scolded' by the court to nothing. It really depends on the type of hearing, in my opinion. Why don't you check on the court's website or, worst case, call the court, to verify your hearing time? Best of luck to you.

  2. Your case could be dismissed or a default judgment issued against you. Hard to say on the slim facts you provided.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

  3. You don't indicate the type of proceeding. Is it a trial? A motion? Civil or criminal? Generally speaking, you can ascertain a court hearing date by calling the court clerk or by searching the court's website if you have the case number. If you miss an important hearing or the trial, the judge can rule against you.

    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 posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

  4. Why risk an adverse action against you? Many courts have online calendar info, or Id try calling the court or even going down there at 8:30 just to be sure.

  5. It truly depends on the nature of the proceeding what the court might due for non appearance. Also, it may depend on whether the other side appears or is also mistaken. When a litigant is unsure of the time or date of an appearance, most Superior Courts have that information available 24/7 online, typically for free if you enter the case number or a party's name. Please see below to my Avvo legal guide to getting superior court case information online.

    Robert Stempler (please see DISCLAIMER below)
    Twitter: @RStempler

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to and submit a free eCase Review. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. The Firm and Mr. Stempler are a debt relief agency. The Firm and Mr. Stempler help people file for bankruptcy relief under the Bankruptcy Code.

  6. If you show up at 830 and it's scheduled for 130 then you will have to wait. If you show up at 130 and it was set for 830; if it is a criminal case, a bench warrant will be issued for your arrest; if it is a civil case you risk a default judgment. All you have to do is call the clerk's office to confirm your court time.

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