Short answer. You can go ahead. Section 6 lets the commissioner proceed ex parte if a party fails to appear at the appointed time and place, or, at the commissioner's discretion, adjourn the proceedings to a future day, giving notice of the adjournment to the absent party or their counsel.
What the law says
If a party fails to appear at the time and place appointed, the commissioner may proceed ex parte or, in his or her discretion, adjourn the proceedings to a future day, giving notice to the absent party or his or her counsel of the adjournment.
Rule 32, Section 6 — Failure of parties to appear before commissioner. Read the full provision →
Two options for the commissioner
Section 6 gives the commissioner two options when a party fails to appear at the time and place appointed for the proceeding: he or she may proceed ex parte, meaning without that party present, or may instead adjourn the proceedings to a future day. The choice between these two options is left to the commissioner's own discretion, to be exercised based on the circumstances of the absence and the practical needs of moving the reference forward, rather than being dictated automatically by the Rule itself.
The notice obligation if adjourning
Choosing to adjourn rather than proceed ex parte still requires the commissioner to give notice of the adjournment to the absent party or his or her counsel. So opting to adjourn does not excuse the commissioner from continuing to communicate with the absent side about when the proceeding will resume; it simply changes the moment at which that party's participation, if any, will occur. A commissioner who adjourns without giving that notice would be failing to satisfy this specific requirement of Section 6. This requirement protects the absent party's ability to eventually take part in the proceeding, even though the commissioner is not obligated to wait indefinitely before resuming.
Why this mirrors default proceedings generally
This structure parallels how courts themselves handle a party's failure to appear at trial, giving the referred proceeding the same practical ability to move forward rather than being held hostage to one party's absence. Just as a court is not required to indefinitely postpone a trial because one side does not show up, a commissioner is not required to indefinitely postpone the reference either, and Section 6 makes that authority explicit rather than leaving it to be inferred from general principles. That parallel also means a party who wishes to avoid an ex parte proceeding before a commissioner has the same incentive to appear as it would have at an ordinary hearing before the court itself.
Related provisions
- Rule 32, Section 6 — Failure of parties to appear before commissioner
- Rule 32, Section 5 — Proceedings before commissioner