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Trial De Novo

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Tp7

Junior Member
What is the name of your state (only U.S. law)? MO

I went to small claims court and one of the defendants did not show up after requesting a continuance. The Judge gave me a default judgement. Now they have hired a lawyer stating they didn't know them filing a continuance counted as them getting served. The Judge said in Small Claims it counts as being served, that why I won. So can they file a Trial De Novo even though they never even showed up?
In addition the lawyer filed wrong I think, and only filed for one defendant because it only says one of them but when I called the lawyer he said he filed a motion to show for the other defendant that did show up. Is there some sort of loop hole I can get them on? Since he filed wrong, or that the other people didn't show up?
If I do go to court and they decide not to settle what are the rules of the Trial De Novo? Do small claims rules apply, like for example if I show the judge emails and text messages, do I have to prove that these emails are coming from their IP address. Or will he just accept my "evidence".
 


BOR_

Member
This is small claims; emails will likely be allowed into evidence. Asking for a new trial seems OK.

The issue with one defendant not filing a request for a new trial is an issue for that defendant. It is mandatory that he does so.

I would not contact the other attny .. go to court & note to the court that the default judgment is still in effect for the defendant who did not file a motion for a new trial.
 

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