Court Appearance Default

On July 26, 2012, in Litigation, by John A. Weber IV, ESQ.

Court Appearance Default

Did you attend a court appearance and the other side wasn’t there?  Did you miss a court date and want to know what your options are?  Vaughn and Weber can help you decide what to do next.

People miss appointments.  It’s a fact of life.  Accidents, illnesses, family emergencies, or any number of other events beyond our control may prevent people from attending meetings, even very important ones.  Court appearances are just as likely to be interrupted by such events as anything else.  Courts understand this, and missing a court date is not necessarily fatal to a case.  When someone misses a court date, or “defaults,” every party involved – the appearing party, the absent or defaulting party, and the Court – has options.

Section 202.7 of the Uniform Court Rules, titled “Defaults,” provides:

At any scheduled call of a calendar or at any conference, if all parties do not appear and proceed or announce their readiness to proceed immediately or subject to the engagement of counsel, the judge may note the default on the record and enter an order as follows:

(a) If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest.

(b) If the defendant appears but the plaintiff does not, the judge may dismiss the action and may order a severance of counterclaims or cross-claims.

(c) If no party appears, the judge may make such order as appears just.

This section gives Courts certain options, depending on the type of case, and whether the defaulting party is a defendant or plaintiff.  Most importantly, this rule gives the Court the power to enter a Default Judgment against the absent party.  When a Default Judgment is entered against the absent party, the present party wins the case.  This is good news for the present party, but it is not the end of the story.   Even if the Court enters a Default Judgment against the absent party, the present party – the “winner” – still has work to do.  Section 2220 of the Civil Practice Law and Rules requires that the winner provide the defaulting party with notice of the Judgment.  When the defaulting party receives notice of the Judgment, that party has a certain period of time to ask the Court for an opportunity to explain the absence.  If the Court is satisfied that the absent party has good cause for missing the court date, the Court may re-open the case. If not, then the default judgment ends the case.

If you have questions about defaulting on court appearances, Vaughn, Weber & Prakope, PLLC is here to assist you.  Call 516-858-2620 to schedule a free consultation.  We are located in the heart of Long Island at 393 Jericho Turnpike, Suite 208, Mineola, NY 11501.

 

*Contributions to the research for this article have been made by Jason Mays, J.D.

According to New York Domestic Relations Law, there are certain Automatic Orders, which shall remain in effect while the divorce is pending in Supreme Court.  One of these Automatic Orders addressed in this statute prevents any spouse from selling, transferring, encumbering, assigning, or removing any property without the consent of the other spouse.  This preserves the ability of the court to make a proper ruling on any and all property that they have jurisdiction over at the time the action is brought.  This section of the DRL also covers such topics as 401k retirement plans, health insurance for spouse and children, running up marital debts, and more.

If you or your spouse have filed for divorce or are planning on filing for divorce and you are not sure if this situation is one you will have to encounter, call The Long Island Family Law Firm of Vaughn & Weber, PLLC, at (516) 858-2620 to speak with a family law attorney!

Please visit our Family Law and Divorce categories to learn more about Family Law and Divorce issues.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan
Copyright 2018-2019 The Law Firm of Vaughn & Weber, PLLC All Rights Reserved