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If you are referring to not appearing for the Plaintiff's own deposition, a few things may happen, in escalating levels of severity:

1. When it happens for the first time, the lawyers can often work out a new date.

2. If the plaintiff fails to appear a second time the Defendant usually files a Motion to Compel. This is a request to the court to enter an order requiring the plaintiff to appear for deposition. Often, the court urges the parties to agree on a date, but nonetheless, the force of the court order is being used.

3. If the plaintiff again fails to appear despite the court order compelling attendance, the defendant can file a motion for sanctions. This may request relief such as the court itself setting the date for the deposition, awarding attorneys fees to the defendant's attorney for the work necessitated by the failures to appear, or, as the most severe sanction, dismissing the plaintiff's lawsuit. A dismissal does not usually occur except in the most severe circumstances, when the court believes that the plaintiff has flaunted the authority of the court.

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12y ago
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13y ago

The court will likely enter an order dismissing the matter for want of prosecution. If the order includes the phrase, "with prejudice," the matter cannot be brought again.

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Q: What happens if the plaintiff does not show?
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