What happens if I miss my court date in BC?
Missing a scheduled court date is serious, even if it was accidental. If you miss a court date, the consequences depend on the type of case.
Criminal Law
- A warrant is issued: If you miss a criminal court date, the judge will usually issue a bench warrant for your arrest. This means police can arrest you at any time, anywhere.
- New charge: Failing to attend criminal court without a lawful excuse is a criminal offence (failure to appear). It's separate from whatever charge brought you to court and it carries its own potential penalty (up to 2 years in jail). "Lawful excuse" is a real legal defence, for example, a documented medical emergency.
- Bail affected: If you were released on bail with conditions, missing court is treated as a breach. You'll likely need a new bail hearing, and it can be harder to be released a second time.
- What to do: Contact a lawyer (or Legal Aid BC's Call Centre for duty counsel) right away. Don't wait for police to find you. Surrendering voluntarily is viewed more favourably than being arrested. If you missed the date for a genuine reason (illness, emergency, a court scheduling mix-up), tell your lawyer immediately.
Civil Law
- As a defendant: If you don't file a Response/Reply on time, or don't attend a required step like a settlement conference or trial, the other side can apply for a default judgment. This means that the court can order you to pay, or grant what they asked for, without you presenting a defence.
- As a claimant: If you started the claim and don't show up, your case can be dismissed, or the other party may be able to have it thrown out.
- What to do: Contact the court registry immediately, and if a default order has already been made against you, get legal advice right away about applying to set it aside.
Family Law
- Proceed without you: If you don't attend a case conference, hearing, or trial, the judge can make orders — including interim or final orders about parenting arrangements, child support, spousal support, or protection orders — based only on what the other party presents.
- What to do: Contact the court registry or a Family Justice Centre as soon as possible to explain and ask about your options, and get legal advice — free help is available through Legal Aid BC and Justice Access Centres.
Traffic Tickets
- Not disputed: If you don't show up for your scheduled hearing, your ticket is treated as not disputed. You're considered to have accepted the charge, the full fine becomes payable immediately, and the conviction (and any penalty points) applies to your driving record.
- What to do: If you missed the hearing for a genuine reason beyond your control, you can ask for a new date by filing an affidavit at the court registry — Form PTR019 if it's been less than 30 days since the missed hearing, or Form PTR020 if it's been longer. There's no guarantee it will be granted.
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