sec.476Default of attendance

### sec.476 Default of attendance 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. If the plaintiff does not appear when the trial starts, the defendant is entitled to dismissal of the plaintiff’s claim and the defendant may call evidence necessary to establish an entitlement to judgment under a counterclaim against the plaintiff, in the way the court directs. Despite subrule (2) , the defendant may submit to judgment if the plaintiff does not appear when the trial starts. The court may set aside or vary any judgment or order obtained because of subrule (1) on terms the court considers appropriate. (sec.476-ssec.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. (sec.476-ssec.2) If the plaintiff does not appear when the trial starts, the defendant is entitled to dismissal of the plaintiff’s claim and the defendant may call evidence necessary to establish an entitlement to judgment under a counterclaim against the plaintiff, in the way the court directs. (sec.476-ssec.3) Despite subrule (2) , the defendant may submit to judgment if the plaintiff does not appear when the trial starts. (sec.476-ssec.4) The court may set aside or vary any judgment or order obtained because of subrule (1) on terms the court considers appropriate.