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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101746
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can you explain what a PRE-TRIAL HEARING IS CONSIST OF in

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Can you explain what a 'PRE-TRIAL HEARING IS CONSIST OF" in Small Claim Court?
Hello,

Pre-trial is simply when each party touches base with the other and the Court. Mediation may also be scheduled on that date. Minor motions may be heard, although in small claims this is rare. If you need to request a continuance on the main trial date, then you would do so on pre-trial. Overall, it is a very informal process.

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Customer: replied 5 years ago.
It seems that plaintiff will not show up. Can I ask the judge to enter a default?
Hello,

My apologies for the wait. Yes, if a party fails to appear at the pretrial hearing, the court may enter a default judgment against that party at your request.

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Customer: replied 5 years ago.

I understand but:

1- He is hiding from the process server (3 times)

2- I emailed him a copy of the SUMMON

3- He refused my certified mail

4- I told him to appear during a phone communication.

 

In other words, he is aware that he has to appear on the pre-trial conference but in his mind, as long as he did not sign having received the summon, he does not have to appear. He is acting pro se.

 

Tom

 

Tom,

You have to then file a Motion for Substitute Service to have him served via newsletter. You have to do this before the pre-trial conference, or call and push the pre-trial conference back due to non-service and then file said motion to have him served alternatively due to his malarkey.
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