Prerequisites and legal consequences of absentee decision-making

As civil-legal relations continue to evolve, disputes between individuals and legal entities are on the rise. Often, resolving these issues through negotiation is not feasible, necessitating recourse to the courts.

When one party files a lawsuit in court, the defendant is served with the lawsuit and judicial summons brought forth by the opposing party. Subsequently, the defendant is bestowed with procedural rights and obligations to safeguard their own interests.

In instances where the specified procedural rights and obligations are not fulfilled, the legislation of Georgia establishes the concept of a default ruling. This entails the possibility of the claim against an individual being granted without their involvement in the legal process. The objective is to maintain the efficient functioning of the court system and to ensure the accurate and expeditious resolution of disputes. The issuance of a default ruling serves as a sanction legal consequence, for a party that fails to attend the proceedings or exercise procedural rights, such as filing statement of defence. This non-participation creates a reasonable presumption that they have forfeited their interest in contesting the lawsuit filed against them.

In the presence of relevant circumstances, the court renders a default ruling in two cases: due to the non-appearance at the hearing of the party or due to the failure to file a response.

In the case of non-appearance of the plaintiff at the hearing, first of all, it is established to the defendant whether the requirements of the law regarding sending the notification about summoning to the hearing was complied or not. After clarifying this, it is determined whether the party had an excusable reason for not appearing at the hearing. An excusable reason for non-appearance at trial may include a party's illness, the death of a close relative, force majeure, or any other objective circumstance that renders their attendance impossible.

In case of non-appearance of the claimant, it is essential for the defendant to approach the court and request a default ruling in his favor. If the defendant does not request a default ruling, the court shall deliver a ruling on dismissing the claim without prejudice. It may not be in the interest of the defendant to leave the case dismissed or to petition a default ruling; in such cases the court has the right to postpone the hearing of the case for a reasonable period of time.

Legal Consequences of non-appearance of the defendant:

In case of the non-appearance of the defendant, similarly to non-appearance of the claimant, it is determined whether summons have been served or not.

It's important to note that simply submitting a motion for a default ruling is not sufficient to obtain a default ruling. After the motion is filed, the court will evaluate the legal merit of the claim and assess to what extent the circumstances presented in the claim justify granting the legal relief sought.

In that case, the evidence is not examinated - the factual circumstances referred to in the claim shall be deemed proven and if their combination creates the possibility of the legal result that the claimant wants to obtain, the court issues a default ruling. However, in the event that the factual circumstances specified in the claim cannot legally justify the claim, the court will refuse to satisfy the claimant's claim.

Consequences of the failure of the defendant to present his/her response (statement of defence)

The mechanism described above applies even if the defendant does not present a defense in court. In essence, the response serves as the opposing party's reply to the lawsuit filed against them. The party is required to submit this response within the timeframe set by the court, typically no later than 14 days, and in cases of particularly complex disputes, no later than 21 days. If the defendant fails to file a response within these specified time limits, and if the content of the claim is consistent with the factual circumstances and legal requirements, the court may issue a default ruling without conducting an oral hearing.

Non-appearance of both parties

If neither party to whom a notification has been sent properly appear at the hearing, the court shall deliver a ruling on dismissing the claim without prejudice. In case of elimination of the circumstances that were the basis for leaving the lawsuit dismissed, the interested person has the right to appeal to the court again in compliance with the general rule.