§ 10-16-8 - Default by plaintiff – Prevention of abuse of procedure by claimants.
SECTION 10-16-8
§ 10-16-8 Default by plaintiff –Prevention of abuse of procedure by claimants. – (a) If the plaintiff does not appear at the time set for the hearing, the courtmay dismiss the claim and action for want of prosecution, or enter judgment forthe defendant for his or her costs, or make such other disposition of the caseas may be proper.
(b) If the clerk shall find that the procedure provided bythis chapter is sought to be utilized by a claimant for purposes of oppressionor harassment, as where the claimant has previously resorted to such procedureon the same claim and has been unsuccessful after hearing thereon, the clerkmay in his or her discretion compel the claimant to make application to thecourt for leave to prosecute the claim under this chapter. The court upon suchapplication shall inquire into the circumstances and, if it shall find that theclaim has already been adjudicated, or that the claim is sought to be broughton solely for purposes of oppression or harassment and not under color ofright, it may make an order denying the claimant the availability of theprocedure provided by this chapter.