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When facing a trial, the defendants must appear before the corresponding authority when required, otherwise, there may be legal consequences for not responding to the authorities’ call.


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Today on the LEX & CO blog we will tell you about default, what it is, what its consequences are and what can be done if you have engaged in this behavior.

What is default in law?

Appearing is the act of appearing at a place, therefore, non-appearance in law refers to not responding to a call from the authority. The consequences depend on the trial being presented, or on the reasons why an authority makes a call.

Consequences for the plaintiff

In some cases, the plaintiff fails to appear at his or her own hearings and trials without an acceptable excuse. In such a case, the consequences could be the dismissal of the claim by the Judge, or a financial penalty.

Consequences for the defendant

The consequences of not showing up for hearings and trials are varied, depending on the type of lawsuit you are facing and the reasons for your absence.

Criminal lawsuit

If you do not appear for criminal trials, the consequences will depend on the seriousness of the crime. The main one is losing the possibility of defending oneself, for which the defendant may be prosecuted or sanctioned.

Conciliation and Claim Hearings

This hearing is divided into three stages, as its name says. In the first stage of conciliation, non-appearance is taken as non-compliance with the conciliation settlement, so the second stage will follow.

The failure of the defendant to appear at the hearings of the claim results in its ratification, without him having the opportunity to make clarifications, modifications or agreements.


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Non-appearance of witnesses

Witnesses who do not appear before the Judge without a valid justification can be fined, and in the worst case scenario they could receive a civil liability sanction that ends in arrest in cases of serious crimes.

How to mitigate the impact of non-appearance?

If you are summoned to appear at a hearing or trial and cannot attend, you should take steps such as:

Having a lawyer is essential to represent you and defend your rights in a legal process. In addition, your lawyer will advise you if you cannot attend, and will be in charge of presenting supporting documents or requests for postponement.


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At LEX & CO we have a team of insurance lawyers who will advise you during the legal process you are facing. Write to us through the contact form to request more information.

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