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2 defendants, 1 shows up

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  • snowman
    started a topic 2 defendants, 1 shows up

    2 defendants, 1 shows up

    If a small claim is brought against 2 defendants where both defendants have caused the same loss but by different acts/reasons, what happens if only 1 shows up at the hearing?

    If none show up, the court may rule in the claimant's favour, but would a judgement in default be granted if 1 defendant puts up a defence but the other is not there to argue their own?
    Tags: None

  • efpom
    replied
    Default judgment if no defence filed, but not necessarily, if defence filed.

    If Ordered to, but no witness statement filed at all, any filed defence is likely to be struck out - reason, failed to comply with Order.

    If witness statement exists but witness is not available for cross examination, weight given to witness statement by judge is likely to be less than that given to a witness who is available for cross examination.

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