THE NEW CONSTITUTIONS OF THE EMPEROR LEO.
~  CVIII  ~
CONCERNING ONE WHO DOES NOT APPEAR IN COURT AFTER HAVING BEEN NOTIFIED THE FIRST TIME.



 
S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).
 

 

  There is a matter which it is not well to leave uncorrected, although it has, up to the present time, been neglected and treated with contempt, for being of great benefit to human affairs it is very advisable that it should be remedied. Therefore We, being resolved to amend this, just as We have also amended the law prescribing a certain form for those who desire to institute legal proceedings, do hereby decree that anyone who does not appear after a first summons has been served upon him, either personally, or upon someone authorized to represent him, shall be notified a second time; and if he does not appear, he shall then be notified a third time; and if after the plaintiff, having waited with so much patience only to have the third summons treated with contempt, and the defendant, without having been prevented by any good reason, still does not put in an appearance either in person or by a representative, he shall have judgment rendered against him, even though he may be absent, and shall not afterwards be allowed to revive the case, or avoid the consequences of the decision. These provisions are applicable to both parties, whether the defendant fails to appear; or the plaintiff, after his adversary has come into court, desists in order to annoy him and prolong the litigation. Hence if he does not appear after three citations have been served upon him, he shall be condemned even in his absence; provided, however, as I have already stated, he can allege no good excuse for his non-appearance.