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Thanks for your question and good evening.The second party here would have the right to be noticed of the hearing and served with any pleadings.The coutr may require this second party to be present at the hearing.They are obviously a real party here and have a legal interest in the proceedings.The court would decide whether this matter could proceed with a missing party.
It would be normal procedure for the court to want to hear from all the parties involved in the contract so that a full hearing is possible on the merits.
The court would at least want to ensure that the second party was noticed and given opportunity to attend the hearing as they have a legal interest as a party to the contract.
It is possible if the second party was given proper notice of the proceedings that the court might decide to proceed without them.But again the court makes that kind of ruling as part of the preliminary matters before a hearing on the merits goes forward in such a situation.
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