Legal Question in Civil Litigation in Michigan

Plaintiff Attorney's were a no call no show

This is regarding a Auto loan deficiency / repossession case (Civil court for @ $10,000). I(defendant) was in attendance at the proper time. The Plaintiff Atty (nor their party), never showed nor did they call. The court said that the atty had called last week to set a ''conference''.

This is the part I don't understand, the Honorable Judge, called the P - Attorney.... HELD for 3 minutes and then spoke with the attorney about the case. I was put on the phone with the attorney, he stated that he had called the court last week about the case but that it didn't show up on his schedule this week, he didn't know why. Further discussion was made as to exchange of information between parties. The judge (who spoke to the atty, again, after I did) told the attorney that it would be set for a bench trial and then excused me.

I don't get it, if I hadn't shown up, I would have been in default and hence a judgement made in their favor. They don't show up and the judge gives them a call? This just doesn't seem like legitamate protocall. How can this be?


Asked on 8/23/04, 12:22 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Plaintiff Attorney's were a no call no show

I do not disagree with you. However, the judge has total discretion over his or her docket. Therefore, you must live with it. Bill Stern

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Answered on 8/23/04, 12:27 pm
Gregory J. Roth Gregory J. Roth, PLLC

Re: Plaintiff Attorney's were a no call no show

While what happened to you hardly seems fair, I have seen judges set aside defaults by defendants for missed appearances based upon some flimsy excuses and arguments. Dispensing with procedural technicalities can and does cut both ways. Best advice at this point is to concentrate on your case; your case is not any worse off, other than missing a lucky break.

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Answered on 8/23/04, 5:23 pm


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