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Can an arrest warrant be issued if one doesn't appear in court for a lawsuit?
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Can an arrest warrant be issued if one doesn't appear in court for a lawsuit?

Let's say you sue someone for slander or defamation and that person doesn't appear in court on the date they're supposed to.

Can that person be arrested for failure to appear in court for being sued?
Additional Details
Well of course I would want the case to go in favor. But let's say they don't take your lawsuit seriously, what then? Do they get arrested and find out the hard way?


    




Hit P.I.G AM
Can? Yes.. Depends on the judge though... they could issue a writ of bodily attachment for contempt of court, and have the person arrested. No need for that, usually if the other party doesn't show up the plaintiff should be able to get a summary judgment.

Do you really want the case heard, or do you just want a judgment in your favor?


I think you misunderstand me.

If the other party doesn't show up, then you move for summary judgment (in your favor). This is preferable to asking the judge to issue a writ of bodily attachment, (Arrest warrant). The judge may also simply send his/her own summons commanding them to appear if there is a reasonable belief that the other party was not properly notified.


Zach
Rating
No. A lawsuit is a civil matter and not a criminal matter. A person cannot be arrested for failing to appear. Failing to appear does mean that the judge will rule in favor of the other party and that can go on your credit report if you owe someone money from a lawsuit.


Brendan C
No.


Rexxfield.com
There is a significant case in Florida in which the plaintiff was awarded a more than $10 million in damages when the defendant no-showed in court. I have referenced the case allowed.

You would simply seek a summary judgment for actual damages, and if your cause of action alleges actual malice, then you would also seek punitive damages.

This discussion seems to have some conflicting opinions. A civil court judge can in fact issue a warrant for arrest, (at least in my jurisdiction). But this is usually for a witness that no-shows after being properly served with a subpoena. The judge normally would not bother with the defendant, a ex-parte damages award should be punishment enough.

I am not an attorney, so don't act or refrain from acting on the basis of my response.


Alyssa
Rating
no...lawsuits are part of civil law and arrest warrants are part of criminal law...the government doesn't monitor civil cases.


CJcollegestudent
Not for slander or defamation it just looks bad on there part and they can lose the case and the judge will award you the max allow by law.


leegleze
Rating
Yes. The judge can issue an arrest warrant or a bench warrant if the court's time is taken up unnecessarily.





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