Quick question??? Both pettinor and resondent and counsel where ordered to c.m.c and the pettinor did not show up but the pettinor counsel came. My question is does the pettinor get sanction for not coming or does the case get dismissed or do I have to file a motion? Or his he saved because the counsel came? Family division by the way.
If counsel showed up, that's probably fine. Unless the judge admonished the petitioner's counsel due to the petitioner not showing up at cmc, nothing will be done because the attorney showed up.
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No. The petition did appear; by the lawyer representing the petitioner...that is more than sufficient. Unless the court orders appearance by the parties personally, appearance by an attorney qualifies and is usually better.
The fact that the petitioner did not show up does not subject the petitioner to sanctions or the case being dismissed unless the case management order specifically required that the parties appear personally with their attorneys and failure to not appear in person (meaning the party as well as the attorney, if applicable) will result in sanctions and/ dismissal of the case. Sometimes one of the penalties of a party not showing up when required may also be striking of their pleadings and/or defenses as well. The important thing to be mindful of is that the court must put the parties on notice of the potential harm for failing to show up before any sanctions and/or action can be taken by the court against the non complying party.
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