New Jersey  |  Civil Litigation

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3/04/10, 11:57 am

Legal Question


Subject: Case in small claims court. If a plaintiff files a lawsuit against two defendants and one defendant appears in court and the other defendant doesn't appear in court and the case proceeds forward and the judge makes a ruling, has an improper, illegal or other error occurred or should this case have been deemed a default? Can a judge proceed according to his/her decretion without asking the plaintiff's agreement when only one defendant is present. Is there grounds for an appeal?


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