Best answer yes or no and an explaination of their response will receive the points?Can a Civil Case be Dismiss because the Plaintiff was in the hospital while their case is still open?
As best as I can figure, your question is this:
If a Joe is in the hospital because of something John did, and Joe and John have a civil case in the court system, can that case be dismissed because Joe was in the hospital. . ..
A case isn't typically dismissed JUST because of a hospital stay.Can a Civil Case be Dismiss because the Plaintiff was in the hospital while their case is still open?
No. Someone (i.e., attorney) can represent him. There is no reason the plaintiff has to be present in court.
being in the hospital can cause a postponement, if they have representative showing proof. if no one shows up and there isn't any body to make a claim, yes, it can be dismissed
Based on the information limitations of your question the answer cannot be totally conclusive.
Technically if the plaintiff does not appear during a court hearing the case can be dismissed. However, if the plaintiff notifies the court of the apparent inability to attend due to a hospital related issue the court can adjourn and postpone the hearing in which case there would have to be legal representation.
You can't just show up a week later and say you were in the hospital and you want the case revisited.
Clarify your question for a more specific answer.
Follow up.
The plaintiff being in the hospital alone is not grounds for a dismissal. You are evading the specifics but it sounds as though a court date needs to be set and I would strongly advise you to get legal consultation. Are you the defendant or the plaintiff? The plaintiff can press charges and have legal representation regardless being in the hospital.
Yes, no? What do you want to hear?
The case could have been dismissed without prejudice which means that the Plaintiff is free to bring the case back to court at a later date.
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