Applicant no show at trial (California)

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Applicant no show at trial (California)

Postby lacompfun on Tue Jan 22, 2019 6:46 pm

Applicant no show for trial. Applicant represented.

What are defendant remedies?

Seems like

1. Absent good cause trial goes forward. AA is there.

2. If defendant sent notice to appear then judge can issue orders like costs sanctions contempt and continue it for applicant to appear etc.

3. Can judge dismiss applications?
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Re: Applicant no show at trial (California)

Postby LawAdvocate on Wed Jan 23, 2019 11:43 am

It is the best evidence rule. You have to show good cause you need the Applicant to testify, otherwise it goes forward on the paper evidence.

The Judge can dismiss the Applications, however this is an extreme move rarely taken and you have to show the Applicant has been advised of same and advised of his remedies.

If there is a sufficient paper trail, the Judge will just issue an F&A based on the evidence of PQMEs, PTPs, etc. as all parties want closure and the Judge decides when to develop the record or not. So is the paper record sufficient?

Judges are loathe to sanction the Applicant for costs, etc. but technically yes that could occur.
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Re: Applicant no show at trial (California)

Postby rosellavera on Wed Jan 23, 2019 1:00 pm

Agree with Law Advocate
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Re: Applicant no show at trial (California)

Postby steve appell on Wed Jan 23, 2019 2:05 pm

There is no requirement for applicant to show at trial.
Just sayin ......
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Re: Applicant no show at trial (California)

Postby LawAdvocate on Wed Jan 23, 2019 2:32 pm

The Applicant does have to show if the defense can show a proper subpoena, which for some reason defendants are not necessarily adept at delivering, often forgetting to include the required witness fees and costs.
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Re: Applicant no show at trial (California)

Postby jpod on Wed Jan 23, 2019 2:40 pm

Had a defense attorney no show and the trial went forward with Judge cross-exing the applicant.
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Re: Applicant no show at trial (California)

Postby beach7 on Wed Jan 23, 2019 3:32 pm

depends on the issues for trial and who has the burden of proof. for example, if aoe/coe is disputed and he's not there and it's his burden he loses. he may not have any other substantial evidence. so it may not be a statutory requirement, but that doesn't mean he is not effectively required to be there.
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