3. Dismissal Due to Fault of Plaintiff

Applies When, If for No Justifiable Cause, Plaintiff FAILS to:

• Appear on the date of presentation of his evidence in chief; or
• Prosecute his action for an unreasonable length of time; or
• Comply with the Rules of Court; or
• Comply with any order of the Court; or
• Appear at pre-trial

Effect of Failure to Appear of Parties

• If PLAINTIFF failed to appear, the case is dismissed with prejudice unless otherwise ordered by the court.

The dismissal is to be considered as a final judgment, thus, the remedy of the plaintiff is to APPEAL.

• If DEFENDANT failed to appear, the plaintiff will be allowed to present evidence ex-parte, and the court shall render judgment on the basis of the evidence presented.

The order allowing the plaintiff to present his/her evidence ex-parte is interlocutory, hence, NOT APPEALABLE.

For Failure to Appear to Serve Answer to Written Interrogatories the Court, on Motion, May:

• Strike out all or any part of any pleading by that party;
• Dismiss the action or proceeding or any part thereof; or enter a judgment by default against that party;
• At the court’s discretion, order the party to pay reasonable expenses incurred by the other, including attorney’s fees.

For FAILURE TO APPEAR TO SERVE ANSWER to Written Interrogatories the Court, on Motion, May:

• Strike out all or any part of any pleading by that party;
• Dismiss the action or proceeding or any part thereof; or enter a judgment by default against that party; or
• At the court’s discretion, order the party to pay reasonable expenses incurred by the other, including attorney’s fees.

Effect of failure to comply with requirements

Failure of petitioner to comply with any of the following requirements shall be sufficient ground for the dismissal thereof:

• Payment of the docket and other lawful fees.
• Deposit for costs
• Proof of service of the petition; and
• Contents of and the documents which should accompany the petition. (Rule 43, Sec. 7)