← belizelaw.ai · District Courts (Procedure), Cap. 97 · PART III — Witnesses and Hearing of Matters

Procedure when defendant fails to appear

Cap. 97, s. 22 · Revised Edition 2020

(1) If on the day of hearing or at any adjournment thereof the plaintiff appears, but the defendant does not appear or sufficiently excuse his absence, or neglects to answer when called in court, the magistrate may on due proof of service of the summons proceed to the hearing and trial of the action on the part of the plaintiff only, and the judgment thereupon shall be as valid as if both parties had appeared. (2) In any such case the magistrate may, at the same or any subsequent sitting of the court, set aside any judgment so given in the absence of the defendant, and the execution thereupon, and grant a new hearing upon such terms, if any, as to the payment of costs, giving security or otherwise, as he may think just on sufficient cause being shown to him for that purpose.
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