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What do I do if a defendant does not show up in a civil court for initial trial settiing?

Memphis, TN |

I am suing someone and I don;t think they are going to show up in court to set a trial date. I am awarded the judgement without going to court?

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Filed under: Discovery
Attorney answers 1


Just because they didn't show at the trial setting conference doesn't mean you win. If they filed a response to the lawsuit then you need to either move for summary judgment (if you have sufficient evidence to show there is no material issue of fact and that the court should find for you as a matter of law) or prepare for trial. If the defendant fails to show at trial you ask for judgment to be entered in your favor. The court may continue the trial and will want to make sure the defendant has been given proper notice of all hearings, trial date, etc. Don't wait for the trial date to check to see if the notices have been given properly, do that now and if they have not been properly served, correct the problem immediately. The court will not appreciate your trying to win if the other side was not given proper notice of all hearings, trial dates, deadlines for completing discovery, law and motion, etc.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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