Chapter Ninth: Appearance and Absence of Parties

Article 463

1. On the designated date for the hearing of the case before the Court of First Instance, the parties shall appear in person if the value of the disputed matter does not exceed five thousand Lebanese pounds. It is permissible for them to be represented by an attorney they appoint. 2. In other cases, the parties may not appear except through attorneys who represent them in accordance with the provisions of Articles 378 to 386, unless the parties themselves are attorneys. 3. If a party appears and refuses to appoint an attorney, the case shall be heard in their absence and the judgment shall be considered as a default judgment.

Article 464

If the plaintiff and the defendant fail to attend the hearing without an acceptable excuse, the court shall decide to strike the case from the schedule. The decision to strike is a special measure of the judicial administration, and it does not prevent the parties or one of them from requesting the reinstatement of the case on the schedule and its continuation from the point it had reached before the striking.

Article 465

If the plaintiff or the defendant appears in any session, the trial is considered to be in their presence, and this remains the case even if they subsequently fail to appear.

Article 466

1- If the plaintiff is absent from the first hearing without an acceptable excuse, the defendant may request either the declaration of lapse of the summons or judgment on the merits. If the defendant requests the declaration of lapse of the summons, the court shall issue a decision to that effect which is not subject to appeal.

Article 467

1- If there are multiple plaintiffs and all of them are absent from the first hearing, the provisions of the previous article shall apply. 2- If some of the plaintiffs are present and others are absent without an acceptable excuse, the defendant may request a declaration of the lapse of the summons with regard to those who are absent, if the subject of the claim is divisible, or request a judgment on the merits. The provisions of the first paragraph of the previous article shall apply to those who are absent. If the subject of the claim is not divisible, the defendant's request shall be limited to a judgment on the merits, and the same provisions shall apply. 3- If some of the plaintiffs are present and others are absent with an acceptable excuse, the case shall be postponed to a subsequent hearing, the date of which shall be notified to them. After that, the provisions of the second paragraph of this article may be applied.

Article 468

If only the defendant is absent from the first hearing without an acceptable excuse and the summons of the suit had been served on him or he had submitted a memorandum in his defense, the court shall render a judgment by default on the merits. The court shall only accede to the plaintiff's demands which are well-founded.

Article 469

If there are multiple defendants in the same case and one or some of them fail to appear in the first session without an acceptable excuse, the judgment is considered default against all of them if it is subject to appeal or if those who failed to appear were personally notified. If the judgment is not subject to appeal, it is necessary to re-notify the absent defendants who were not personally notified. The judgment issued thereafter is considered default against all parties if one of the defendants had appeared and was personally notified in the first or second instance. In the opposite case, the judgment is considered absentia.

Article 470

1. The court must verify the validity of the notification to the absent defendant, and if it is found to be defective, it shall order its re-execution in the correct manner to a subsequent session.

Article 471

1. It is not permissible to establish the default of a party's attendance unless one hour has elapsed from the appointed time for the hearing.

Article 472

If the absent party appears in the same hearing or in a subsequent hearing, the decision rendered in his absence shall be considered as if it had not been rendered.

Article 473

1. The court shall not accept new additional requests or counter-requests, and new evidence presented by the present party against the absent party, unless the latter is notified and given a deadline to submit their response or observations regarding them.

Article 474

If a default judgment is issued and its notification is not requested and the fees are not paid within three months from the date of its issuance, it shall be deemed null and void ipso jure. The nullity only affects the judgment, whereas the preceding procedures remain in effect.