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If one or more defendants fail to appear, you should check and make sure they were properly served and that the proof of service is on file.
- If service of the claim and order on the defendant was not completed within the required number of days before the hearing, and the defendant has not personally appeared and has not requested a postponement, you must postpone the hearing for at least 15 days, and new notice must be mailed to the parties. [CCP §116.570(b).]
- As an alternative and with the plaintiff’s agreement, you can dismiss the claim without prejudice to allow the plaintiff to refile and effect proper service.
- If a properly served defendant fails to appear, you must still require the plaintiff to present evidence to prove his or her claim and verify that a nonmilitary affidavit is filed. [See §6.01.]
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