← belizelaw.ai · Summary Jurisdiction (Procedure), Cap. 99 · PART IV — Institution of Proceedings Making of Complaint

Hearing ex parte, or issue of warrant, on non-appearance of defendant

Cap. 99, s. 28 · Revised Edition 2020

(1) If the defendant does not appear before the court at the time and place mentioned in the summons, then, after proof upon oath, to the satisfaction of the court, that the summons was duly served or that the defendant wilfully avoids service, the court may, in its discretion, warrant, on non- (a) unless the statute on which the complaint is founded otherwise directs, proceed ex parte to the hearing of the complaint, and adjudicate thereon as fully and effectually to all intents and purposes as if the defendant had personally appeared before it in obedience to the summons; or (b) adjourn the hearing to some future day; or 22 (c) on oath being made by or on behalf of the complainant substantiating the matter of the complaint to the satisfaction of the court, issue a warrant to apprehend the person so summoned or avoiding service, and to bring him before the court to answer the complaint, and to be further dealt with according to law. (2) The court may, if it thinks fit, permit a defendant to appear by an attorney-at-law, and may at any time withdraw the permission after it has been given.
Have a question about this section? Ask belizelaw.ai →
Hearing ex parte, or issue of warrant, on non-appearance of defendant — Cap. 99 s. 28 · Belize Law