I am a pro se defendant. I was sued in small claims court, lost, and am now appealing to county court.
There are 2 plaintiffs named in complaint. One didn't show up to the small claims trial, but I didn't even think to say anything about it because the no-show didn't have anything to contribute, anyway.
But I think they might do the same thing again in county court. I have searched all the procedures and statutes I can, but can't find anything solid on this issue.
Is it true that it would be OK if the appearing plaintiff has a power of attorney for the no-show plaintiff?
What if they don't have power of attorney? Can I move to dismiss for lack of prosecution (or similar concept) and expect to get it? What else might happen to the plaintiff?
What would happen if I call the no-show plaintiff as a witness and find out he's not there? Anything I could do to get the case dismissed or at least turned in my favor?
My goal is to use this circumstance to get the case either dismissed or leaning more in my favor.
If you have anything to refer me to for further reading, Texas-related or not, that would be very helpful, too.
Thanks so much in advance for any help! I will be checking back in case you have any additional questions.
There are 2 plaintiffs named in complaint. One didn't show up to the small claims trial, but I didn't even think to say anything about it because the no-show didn't have anything to contribute, anyway.
But I think they might do the same thing again in county court. I have searched all the procedures and statutes I can, but can't find anything solid on this issue.
Is it true that it would be OK if the appearing plaintiff has a power of attorney for the no-show plaintiff?
What if they don't have power of attorney? Can I move to dismiss for lack of prosecution (or similar concept) and expect to get it? What else might happen to the plaintiff?
What would happen if I call the no-show plaintiff as a witness and find out he's not there? Anything I could do to get the case dismissed or at least turned in my favor?
My goal is to use this circumstance to get the case either dismissed or leaning more in my favor.
If you have anything to refer me to for further reading, Texas-related or not, that would be very helpful, too.
Thanks so much in advance for any help! I will be checking back in case you have any additional questions.
