The consequence depends on who misses and which hearing. In a civil case, a plaintiff who fails to appear at pre-trial may have the case dismissed, while a defendant who fails to appear lets the plaintiff present evidence ex parte. A defendant who does not file an answer on time may be declared in default and lose the chance to participate. In a criminal case, an accused who, after arraignment and due notice, fails to appear without justification may be tried in absentia and have their bail forfeited and a warrant issued. If you had a valid reason, remedies such as a motion to lift default or set aside the order exist.
A missed hearing is not automatically fatal, but it is dangerous, and the rules are unforgiving of unexplained absence. What happens next depends on your role in the case and which stage you missed — and, crucially, whether you act quickly to explain.
Civil Cases: Plaintiff vs. Defendant
If the Plaintiff Fails to Appear
The plaintiff drives the case, so their absence is treated seriously. Under the Rules of Court, if the plaintiff fails to appear at pre-trial without a valid cause, the case may be dismissed — and such a dismissal generally operates as an adjudication on the merits (with prejudice), meaning the plaintiff usually cannot simply refile. Failing to appear or to prosecute the case for an unreasonable length of time can likewise lead to dismissal for failure to prosecute.
If the Defendant Fails to Appear
If the defendant fails to appear at pre-trial, the consequence is that the plaintiff is allowed to present evidence ex parte — that is, without the defendant — and the court decides the case on that evidence. The defendant does not automatically “lose” in the sense of a confession, but they forfeit the chance to contest the plaintiff’s proof at that stage.
Default: When a Defendant Does Not Answer
A related but distinct trap is default. If a defendant, after being served with summons, fails to file an answer within the time allowed, the court may, on the plaintiff’s motion, declare the defendant in default. The consequences are significant: the plaintiff presents evidence ex parte, and the defaulted defendant loses the right to participate in the trial (though they remain entitled to notice of subsequent proceedings and cannot be awarded more than what was prayed for).
Criminal Cases: Trial in Absentia
For an accused, missing a hearing carries its own consequences. Once the accused has been arraigned, has been duly notified of the hearing, and their absence is unjustified, the Constitution and the Rules allow trial in absentia — the trial proceeds without the accused. On top of that, an accused on bail who fails to appear may have their bail forfeited and a warrant of arrest issued, and unexplained flight can be taken against them. Skipping a criminal hearing is therefore one of the worst things an accused can do.
The Remedies If You Had a Valid Reason
The system distinguishes between the negligent and the genuinely prevented. If you missed a hearing for a real, provable reason — illness, an accident, lack of notice — there are ways to recover:
- Motion to lift the order of default — filed before judgment, showing that the failure to answer was due to fraud, accident, mistake, or excusable negligence and that you have a meritorious defense;
- Motion for reconsideration or new trial — after an adverse judgment, on similar grounds;
- Petition for relief from judgment — in the limited circumstances the rules allow; and
- Appeal — where a judgment has been rendered against you.
The common requirements are a justifiable reason for the absence and, usually, a showing that you have a real defense or claim worth hearing. Courts are more forgiving of a litigant who moves promptly and candidly than one who lets months pass.
The Practical Rule
Never simply not show up. If you genuinely cannot attend, have counsel file a motion in advance explaining why and asking to reset, with proof (a medical certificate, for example). If you have already missed a hearing, act immediately — the available remedies all reward speed and punish delay. A hearing missed by accident can often be cured; a hearing ignored usually cannot.
Frequently Asked Questions
What happens if the plaintiff misses a hearing? If the plaintiff fails to appear at pre-trial without valid cause, the case may be dismissed, generally with prejudice, so it usually cannot be refiled. Prolonged failure to prosecute can also lead to dismissal.
What happens if the defendant misses a hearing? If the defendant fails to appear at pre-trial, the plaintiff is allowed to present evidence ex parte and the court decides on that evidence. Separately, a defendant who fails to file an answer on time may be declared in default and lose the right to participate.
Can a criminal case proceed if the accused does not show up? Yes. After arraignment and due notice, an accused whose absence is unjustified may be tried in absentia, and an accused on bail who fails to appear may have bail forfeited and a warrant issued.
I missed a hearing for a valid reason. What can I do? Act quickly. Depending on the stage, you can file a motion to lift the order of default, a motion for reconsideration or new trial, or a petition for relief, showing a justifiable reason and a meritorious defense. Prompt action matters.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you missed a hearing or were declared in default, moving fast can undo the damage, and our firm can help. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.