Failure to appear

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Failure to appear is the legal term for the failure of a defendant or respondent to appear at (or within) the stated time before a tribunal as directed in a summons. Where the conduct alleged in the summons or complaint is an infraction or summary offence, failure to appear is a crime for which a bench-warrant can be issued if the defendant promised to appear. If the conduct alleged is a tort or other cause for civil action, failure to appear generally results in a default judgment by the court in favor of the plaintiff/petitioner.

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