Failure to appear
Encyclopedia
Failure to appear is the legal term for the failure of a defendant
or respondent to appear at (or within) the stated time before a tribunal
as directed in a summons
. Where the conduct alleged in the summons or complaint
is an infraction or summary offence
, failure to appear is a crime
for which a bench-warrant can be issued if the defendant promised to appear. If the conduct alleged is a tort
or other cause for civil action, failure to appear generally results in a default judgment
by the court in favor of the plaintiff
/petitioner.
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
or respondent to appear at (or within) the stated time before a tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
as directed in a summons
Summons
Legally, a summons is a legal document issued by a court or by an administrative agency of government for various purposes.-Judicial summons:...
. Where the conduct alleged in the summons or complaint
Complaint
In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties In...
is an infraction or summary offence
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
, failure to appear is a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
for which a bench-warrant can be issued if the defendant promised to appear. If the conduct alleged is a tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
or other cause for civil action, failure to appear generally results in a default judgment
Default judgment
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law...
by the court in favor of the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
/petitioner.