MVC hearing
N.J.A.C. § 1:1-14.4
Failure to appear; sanctions for failure to appear
(a)
If, after appropriate notice, neither a party nor a representative appears at
any proceeding scheduled by the Clerk or judge, the judge shall hold the matter
for one day before taking any action. If the judge does not receive an
explanation for the nonappearance within one day, the judge shall, unless
proceeding pursuant to (d) below, direct the Clerk to return the matter to the
transmitting agency for appropriate disposition pursuant to N.J.A.C. 1:1-3.3(b)
and (c).
(b) If the
nonappearing party submits an explanation in writing, a copy must be served on
all other parties and the other parties shall be given an opportunity to
respond.
(c) If the
judge receives an explanation:
1. If the
judge concludes that there was good cause for the failure to appear, the judge
shall reschedule the matter for hearing; or
2. If the
judge concludes that there was no good cause for the failure to appear, the
judge may refuse to reschedule the matter and shall issue an initial decision
explaining the basis for that conclusion, or may reschedule the matter and, at
his or her discretion, order any of the following:
i. The
payment by the delinquent representative or party of costs in such amount as
the judge shall fix, to the State of New Jersey or the aggrieved person;
ii. The
payment by the delinquent representative or party of reasonable expenses,
including attorney's fees, to an aggrieved representative or party; or
iii. Such
other case-related action as the judge deems appropriate.
(d) If the
appearing party requires an initial decision on the merits, the party shall ask
the judge for permission to present ex parte proofs. If no explanation for the
failure to appear is received, and the circumstances require a decision on the
merits, the judge may enter an initial decision on the merits based on the ex
parte proofs, provided the failure to appear is memorialized in the decision.
