(a) Plaintiff. If plaintiff fails to appear on the initial appearance date (pretrial conference), or fails to appear at trial, the action may be dismissed for want of prosecution, defendant may proceed to trial on the merits, or the action may be continued as the judge may direct, subject to rule 7.090(b).
(b) Both Parties. If both parties fail to appear on the initial appearance date (pretrial conference), the judge may continue the action or dismiss it for want of prosecution at that time or later as justice requires, subject to rule 7.090(b).
What Happens if You Miss Court: This rule explains the consequences if one or both parties fail to show up for a scheduled court date.
(a) If the Plaintiff Doesn't Appear: If the person who filed the lawsuit doesn't show up for the pretrial conference or the trial, the judge has several options:
- Dismiss the case for "want of prosecution" (meaning the plaintiff isn't pursuing their case).
- Allow the defendant (if they are present) to proceed with their side of the case, including any counterclaims they may have.
- Postpone ("continue") the hearing to a new date.
(b) If Both Parties Don't Appear: If neither the plaintiff nor the defendant shows up, the judge can either postpone the case or dismiss it entirely.
