Failure to appear is the legal term for the failure of a
defendant or respondent to appear at (or within) the stated time before a
tribunal as directed in a
summons. Where the conduct alleged in the summons or
complaint is an
infraction or
summary offence, failure to appear is a
crime for which a
bench-warrant can be issued if the defendant promised to appear. If the conduct alleged is a
tort or other cause for civil action, failure to appear generally results in a
default judgment by the court in favor of the
plaintiff/petitioner.