Legal Definitions - nonappearance

Nonappearance refers to the failure of an individual to attend a scheduled court proceeding when their presence is legally required. This often applies to parties involved in a lawsuit, such as the person bringing the case (the plaintiff) or the person being sued (the defendant), who do not show up for hearings, trials, or other mandatory court dates.

Here are a few scenarios illustrating nonappearance:

• A small business owner, Ms. Chen, files a lawsuit against a supplier for failing to deliver goods as promised. The court schedules a mandatory mediation session to try and resolve the dispute before trial. On the day of the mediation, Ms. Chen does not show up, nor does she send a representative or notify the court of her absence.

  This is a clear case of nonappearance because Ms. Chen, as the plaintiff, failed to attend a required court-ordered proceeding. Her absence could lead to her case being dismissed by the judge.

• Mr. Davies is sued by a former client for alleged professional negligence. He receives a summons and complaint, which clearly states the date and time for his initial court appearance to respond to the allegations. Despite receiving proper notice, Mr. Davies chooses not to appear in court on the designated day.

  Mr. Davies's failure to attend his scheduled court date constitutes nonappearance. In such a situation, the court might issue a default judgment against him, meaning the case could be decided in favor of the plaintiff without Mr. Davies ever presenting his defense.

• After receiving a traffic citation for reckless driving, Ms. Rodriguez is issued a court date for her arraignment, where she is expected to enter a plea. She acknowledges the date but decides not to attend, believing the charge is minor and will simply go away.

  Ms. Rodriguez's absence from her arraignment is an instance of nonappearance. For criminal matters, failing to appear can have serious consequences, such as the court issuing a bench warrant for her arrest, compelling her to appear.