What term means failure of a party to appear in court?

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Study for the New York State Court Assistant Legal Terminology Test. Utilize flashcards and multiple-choice questions, each complete with hints and explanations. Get ready for your exam!

Multiple Choice

What term means failure of a party to appear in court?

Explanation:
The concept here is that not showing up in court is called default. In civil cases, if a party who was properly served fails to appear or to respond within the time allowed, the court may declare them in default. After that, the other party can seek a default judgment, meaning the court grants relief based on the claims because the non-appearing party didn’t contest them. This is different from a conviction, which is a finding of guilty in a criminal case; a decision, which is simply any ruling by the court on a matter; and a defendant, who is the person being sued or prosecuted.

The concept here is that not showing up in court is called default. In civil cases, if a party who was properly served fails to appear or to respond within the time allowed, the court may declare them in default. After that, the other party can seek a default judgment, meaning the court grants relief based on the claims because the non-appearing party didn’t contest them. This is different from a conviction, which is a finding of guilty in a criminal case; a decision, which is simply any ruling by the court on a matter; and a defendant, who is the person being sued or prosecuted.

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