Rule 13.200.Absence of Party at Hearing
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 13.200
Plain-English Summary
Not showing up does not stop the hearing. If a party had due notice and fails to participate or to obtain a continuance or postponement, the arbitrator may proceed and make an award in that party's absence. The remedy for a conflict is to ask for a new date, not to skip the hearing.
An absence is not a walkover. If the defendant is absent, the arbitrator must require the plaintiff to submit evidence sufficient to support an award. A plaintiff who arrives without proof does not win by default, and should plan to put on the same case either way.
The rule handles the remaining situations. Where a case involves more than one defendant, one defendant's absence does not stop the arbitrator from assessing damages as part of the award against the absent defendant or defendants. And the arbitrator may, for good cause shown, give an absent party an opportunity to appear at a later hearing before making the award.
Frequently Asked Questions
What happens if the other side does not show up for arbitration?
The hearing may proceed and an award may be made in the absence of a party who had due notice and failed to participate or to obtain a continuance or postponement.
Do I still have to prove my case if the defendant is absent?
Yes. The rule requires the arbitrator to have the plaintiff submit evidence sufficient to support an award. Absence relieves you of opposition, not of proof.
Can an absent party get another chance?
The arbitrator may, for good cause shown, allow an absent party an opportunity to appear at a subsequent hearing before making an award. It is discretionary and it depends on the reason for the absence.
One of several defendants did not appear. Can damages be assessed against that defendant?
Yes. In a case involving more than one defendant, the absence of a defendant does not preclude the arbitrator from assessing damages as part of the award against the defendant or defendants who are absent.
I cannot make the hearing date. What should I do?
Seek a continuance or postponement rather than missing the hearing, because the rule keys the consequences to a party who had due notice and failed to obtain one. The chapter's scheduling rule sets out how postponements work and who has to approve them.