By Raphaël MORENON
1 April 2025
Failure to appear at a court hearing has significant legal consequences. This absence, known as «failure to appear», profoundly alters the course of the trial. It can affect both the claimant and the defendant, with different effects depending on the case. Understanding these mechanisms allows you to act effectively in these delicate situations. Failure to appear by the claimant The claimant initiates the proceedings. However, their absence from the hearing creates a paradoxical situation. Article 468 of the Code of Civil Procedure provides for three possible outcomes. The defendant may request a judgment on the merits. This judgment will then be «contradictory», even in the absence of the claimant. The judge examines the initial claim and rules on the basis of the available evidence. This option benefits the defendant who wishes to close the case definitively. The judge may also declare the summons null and void, either ex officio or at the defendant's request. This sanction nullifies the document instituting the proceedings. The claimant loses the benefit...
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