Legal Question in Civil Litigation in Missouri

defendant rights

We went to court and the plaintiff did not show up. The judge then looked up the phone number of the plaintiffs lawyer and called him and told him to come to court. Is that legal? Shouldn't that be a dismissal of claim for failure ot appear?


Asked on 11/21/06, 5:52 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: defendant rights

As a common courtesy, because lawyers handle cases in multiple courts, it is quite common for lawyers to get such a phone call. Had you made a proper motion for a dismissal, they judge could have granted it, but that alone would not have solved the legal problem, since the plaintiff could always refile the case.

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Answered on 11/27/06, 11:06 am


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