If a party fails to appear at trial

If the Defendant fails to appear for trial (including the first trial date), the Plaintiff may request the Court to enter a default judgement against the Defendant for the amount stated in the claim. In order for the Court to enter a default judgement, the Plaintiff (or Defendant on a counterclaim) must show the following:

1) There is a reasonable probability that the Defendant received the Notice of Claim;
2) That the Plaintiff has no information that the Defendant is suffering from any legal, physical, or mental disability that would prevent the Defendant from attending and understanding the trial; and
3) That the Plaintiff has a valid case and is entitled to the judgement requested.

The Plaintiff may prove the above requirements by giving testimony to the Court.