If a party does not attend the hearing, may the court still take evidence, and does that non-attendance stop the examination from proceeding?
General information · Not legal advice
Material to check
In a practice file, we read the hearing record for who was present, the notice of hearing showing the date given to the party, and the minutes of the evidence taken while the party was absent, to see which witnesses or documents were examined in those circumstances.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at its word: evidence-taking may be done even at a hearing the party does not attend, so the absence of a party is not by itself a reason for the court to stop examining witnesses or documents.
Another reading stresses that the provision is permissive, saying evidence 'can be taken', and it says nothing about whether the absent party was notified of the hearing or what weight the evidence taken without them may carry, so those points stay outside what this provision settles.
Your judgment
How could the file show whether the absent party knew of the hearing at which the evidence was taken, and whether that mattered to the outcome?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to require notice to an absent party or to restrict evidence-taking in their absence, or if a court decision addresses whether such evidence binds the party who did not attend.