How does the Court settle in case if the parties are absent from the trial?
Under the Court’s first proper summons, the parties or their representatives or defense counsel must be present at the Court hearing. If any party is absent, the trial panel shall postpone the Court hearing, unless such party files a written request for a trial in absentia.
Following the Court’s second proper summons, the parties or their representatives or defense counsel must be present at the Court hearing, unless they make a written request for a trial in absentia. If a party is absent due to a force majeure or an objective circumstance, the Court may postpone the Court hearing. If a party’s absence is not due to a force majeure or an objective circumstance, the Court shall take the following actions:
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- If the claimant is absent without a representative participating in the Court hearing, they shall be regarded as having waived their case. The Court will then issue a decision to terminate the settlement of the case with regard to the petition, unless the claimant files a written request for trial in absentia. The claimant may then initiate another case in accordance with the law.
- If the defendant that files no counterclaim, or the person with related interests or obligations that files no independent claim, is absent without a representative participating in the hearing, the Court shall conduct the trial in their absence.
- If the defendant who files a counterclaim is absent without a representative participating in the Court hearing, they shall be regarded as having waived their counterclaim. The Court will then terminate the settlement of the case with regard to the counterclaim, unless the defendant files a written request for trial in absentia. The defendant may then initiate another case for their counterclaim in accordance with the law.
- If a person with related interests or obligations who files an independent claim is absent without a representative participating in the Court hearing, they shall be regarded as having waived their independent claim. The Court will then terminate the settlement of the independent claim, unless the person with related interests or obligations files a written request for trial in absentia. A person with related interests or obligations who files an independent claim may initiate another case for their independent claim in accordance with the law.
- If the defense counsel of a party is absent, the Court may conduct the trial in their absence.