# Court hearing and solicitor



## c00lbond (8 Jul 2009)

well basically I was taking an individual to the district court regarding money he owed me and the court hearing was set for next week,but in the meantime the defendant has paid off his debt to me and so I no longer require the services of my solicitor,I have paid him for the work he has already done for me which is fair enough,im just wondering now because there is no need to go to court anymore can I cancel the court case now,my solicitor is insisting that he still wants to go to court to tell the judge the case will not be proceeding,and what im wondering is it really necessary for him to go to court to inform the judge of the situation as it will just cost me more money for him to attend court ,can I cancel the court case myself or if nobody was to turn up to court would it just be thrown out?
Thanks


----------



## mf1 (8 Jul 2009)

Protocol is that solicitor, or indeed you, should attend as a matter of courtesy to the Court. It would also be helpful to the Court if they were advised in advance by the solicitor that the case would not proceed so that the Court can perhaps schedule something else in. 

If no-one shows up or does anything in advance, it is regarded as a serious breach of Court etiquette - solicitors are officers of the Court and have duties and responsibilities towards the court. Not to show up and let it be thrown out is just rude.

mf


----------



## c00lbond (8 Jul 2009)

mf1 said:


> Protocol is that solicitor, or indeed you, should attend as a matter of courtesy to the Court. It would also be helpful to the Court if they were advised in advance by the solicitor that the case would not proceed so that the Court can perhaps schedule something else in.
> 
> If no-one shows up or does anything in advance, it is regarded as a serious breach of Court etiquette - solicitors are officers of the Court and have duties and responsibilities towards the court. Not to show up and let it be thrown out is just rude.
> 
> mf


I see, thanks for the stragiht forward and honest advice,could I phone the court myself to advise them that the case will not be going ahead or does my solicitor have to make the call,so basically  if I was to appear in court on my own without a solicitor(to save on his  expenses) to advise them the case would not be going ahead that would be ok?


----------



## Padraigb (8 Jul 2009)

Is there any difficulty in having a case removed from the court list?

I recall that years ago, and in special circumstances, I was able to have items deleted from lists at any time before the commencement of the court session.


----------



## Mrs_Doyle (8 Jul 2009)

We have several matters where i work running in the district court for debt collection and if its a case that the debtor pays before the court date neither our client nor the solicitor acting for the case goes down to the Court.  you only have to attend Court if the debtor files the notice of intention to defend which is a part of the civil summons ur solicitor would have filed.  If the case is called for on the morning of the hearing and no one is there, it will be passed on.


----------



## onq (8 Jul 2009)

I think mf1  is correct.
Based on my attendances in the lower courts its not unusual for one side or the other not to show.
I cannot recall an instance where there was a total no-show.
There must be a way to notify the court without an actual attendance.

ONQ.


----------



## Vanilla (13 Jul 2009)

Mrs_Doyle said:


> We have several matters where i work running in the district court for debt collection and if its a case that the debtor pays before the court date neither our client nor the solicitor acting for the case goes down to the Court. you only have to attend Court if the debtor files the notice of intention to defend which is a part of the civil summons ur solicitor would have filed. If the case is called for on the morning of the hearing and no one is there, it will be passed on.


 
That's only for a summons for a debt or liquidated money demand. All other civil summons appear on the court list and someone has to appear to either ask that it be struck out or so on.

However OP can go himself and do it.


----------

