Also known as: fail to appear · fails to appear · failed to appear · failing to appear · FTA · nonappearance
Written by attorneys · grounded in primary & secondary sources — see below
Nonappearance by a party or defendant at a required court proceeding or in response to a summons or order. The omission triggers issuance of a warrant in criminal cases or entry of default in civil cases and may support contempt sanctions or breach liability when performance is due.
Ferrum Metals is charged with a federal offense and receives a summons to enter a plea. The company fails to appear on the scheduled date. The court enters a plea of not guilty on the record and sets the matter for trial.
Fernando Farrell is named in a sworn complaint establishing probable cause for a federal offense. The judge issues a summons at the government's request. Farrell fails to appear on the return date. The judge issues an arrest warrant upon the prosecutor's request.
Select any source to read its text and confirm it supports the definition.
Flagship Logistics is served with a complaint seeking damages for unpaid invoices. The company fails to appear or file an answer within the required time. The court enters default and later grants a default judgment for the amount demanded in the complaint.
Fumiko Fujimoto is ordered to attend a pretrial scheduling conference in her civil action. She fails to appear without excuse. The court imposes sanctions including striking her pleadings and entering default against her on the claims.
Floyd Franklin is released on bail and receives notice of a scheduled deposition in his criminal case. The government tenders travel expenses but Franklin fails to appear without good cause. He waives his right to attend and any objection to use of the deposition at trial.
Felicia Fuentes is served with a subpoena to appear and produce documents in a federal proceeding. She fails to appear or show cause. The court holds her in contempt and imposes fines and a short period of imprisonment.
The court must enter a plea of not guilty on the organization's behalf and proceed with the case.
Supporting sources
In criminal cases the judge may issue a warrant and must do so upon the government's request when an individual defendant fails to appear.
Supporting sources
The court may enter default or impose other sanctions including striking pleadings because the adversary process has been halted.
Supporting sources
Yes. A default admits the facts alleged in the complaint and supports entry of judgment when the defendant has received notice yet elects not to defend.
Supporting sources
A defendant not in custody who receives expense reimbursement but still fails to appear without good cause waives the right to attend and any objection to use of the deposition.
Supporting sources
…counsel will accept the risk that the jury may hear the analyst's live testimony, in exchange for the chance that the analyst fails to appear and the government's case collapses. And if, as here, the defense is not that the substance was harmless, but instead that the accused did not possess it, the testimony of the technician is…