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Rule 4: Nonappearance of a Party on Trial or Hearing Date; Failure to be Prepared for Trial



(A) Nonappearance. If a party seeking relief fails to appear on the scheduled trial or hearing date, either in person or by counsel, the Court may enter an order dismissing the action for want of prosecution. If the other party fails to appear, either in person or by counsel, and the party seeking relief does appear, the Court may allow the case to proceed and hear and determine all matters.

(B) Unprepared for Trial or Hearing. If a party and/or counsel thereof appears on the scheduled trial date or hearing date and shows good cause why he is not ready for trial or hearing, the Court shall make such orders as are proper. If a party and/or counsel therefore appears, but is not ready for trial or hearing and fails to show good cause for his not being ready, the Court may enter an order dismissing the action for want of prosecution, if the party is the person seeking relief, or proceed with the case and determine all matters, if the party is the person not seeking the relief.

(Effective July 1, 1991.)

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