Rule 7B:8. Failure of Plaintiff to Appear

(a) If neither the plaintiff nor the defendant appears, the Court must dismiss the action without prejudice to the right of the plaintiff to refile.

(b) If the defendant, but not the plaintiff, appears on the return date and the case is not before the Court for trial, the Court must dismiss the action without prejudice to the right of the plaintiff to refile.

(c) If the defendant, but not the plaintiff, appears on the trial date and:

(1) The defendant admits owing all or some portion of the claim, the Court must dismiss the action without prejudice to the right of the plaintiff to refile; but if

(2) The defendant denies under oath owing anything to the plaintiff, the Court must enter judgment for the defendant with prejudice to the right of the plaintiff to refile.

Committee Notes

Last amended by Order dated November 23, 2020; effective March 1, 2021.