Re: Another question for Why Chat

Posted by Why Chat (209.240.198.61) on September 07, 2002 at 19:30:04:

OK- I am posting the two applicable statutes from N.J. as they are pretty much standard in all States. The first sanction is applicable if they do not show up at the hearing that they requested (in improper form) be postponed. The 2nd is applicable for a LOT of reasons, and will be of use in other cases in other States, just make sure if you are making any claim of thid tyoe you get your OWN State's statute #'s.
1:2-4. Sanctions: Failure to Appear; Motions and Briefs
(a) Failure to Appear. If without just excuse or because of failure to give reasonable attention to the matter, no appearance is made on behalf of a party on the call of a calendar, on the return of a motion, at a pretrial conference, settlement conference, or any other proceeding scheduled by the court, or on the day of trial, or if an application is made for an adjournment, the court may order any one or more of the following: (a) the payment by the delinquent attorney or party or by the party applying for the adjournment of costs, in such amount as the court shall fix, to the Clerk of the Superior Court, or, in the Tax Court to its clerk, or to the adverse party; (b) the payment by the delinquent attorney or party or the party applying for the adjournment of the reasonable expenses, including attorney's fees, to the aggrieved party; (c) the dismissal of the complaint, cross-claim, counterclaim or motion, or the striking of the answer and the entry of judgment by default, or the granting of the motion; or (d) such other action as it deems appropriate.
(b) Motions; Briefs. For failure to comply with the requirements of R. 1:6-3, 1:6-4 and 1:6-5 for filing motion papers and briefs and for failure to submit a required brief, the court may dismiss or grant the motion or application, continue the hearing to the next motion day or take such other action as it deems appropriate. If the hearing is continued, the court may impose sanctions as provided by paragraph (a) of this rule
PART 2 IN FOLLOWING POST

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