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Court Procedures Rules
1505Trial—defendant or plaintiff not appearing
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1505 Trial—defendant or plaintiff not appearing
(1) If a defendant does not appear when the trial starts, the plaintiff may
call evidence to establish an entitlement to judgment against the
defendant in the way the court directs.
directions or an order under this rule.
(2) If the plaintiff does not appear when the trial starts, the court may
dismiss the plaintiff’s originating process and the defendant may call
evidence to establish an entitlement to judgment under a counterclaim
against the plaintiff, in the way the court directs.
(3) Despite subrule (2), the defendant may submit to judgment if the
plaintiff does not appear when the trial starts.
(4) If neither the plaintiff nor the defendant appear when the trial starts,
the court may, on its own initiative, order that the proceeding
(including any counterclaim by the defendant) be dismissed and make
no order for costs.
Rule 1506
(5) On application made not later than 7 days after the day judgment is
entered because of this rule, the court may amend or set aside the