Nichterscheinen

Nichterscheinen is a legal term used in German-speaking jurisdictions to describe the failure of a person to appear before a court, tribunal, or other authority as required by law. It can apply to defendants, witnesses, or other participants in a hearing or procedure.

Etymology and usage: The word combines nicht (not) and erscheinen (to appear). In English legal language, it is typically rendered as “failure to appear” or “no-show.” The term appears in formal procedure documents, court notices, and procedural discussions.

Legal context: Nichterscheinen can occur in criminal proceedings, civil litigation, or administrative hearings. It may arise when a person fails to attend a scheduled session after being properly summoned or notified. The implications and remedies differ by jurisdiction and procedure.

Consequences: Consequences vary, but common responses include rescheduling, additional summons, or sanctions. In many systems, a failure to appear can lead to coercive measures, such as an arrest warrant or detention, and may result in a default or adverse inference if the absence prevents the progress of the case and proper notice was given. In some settings, the absence may be excused if justified by illness or other valid reasons.

Mitigation and remedies: Absences caused by legitimate reasons—illness, an emergency, or representation by counsel—may be considered acceptable with proper justification. Courts often offer opportunities to reschedule or participate remotely where available.

See also: Erscheinung, Vorladung, Zeugenladung, Prozessordnung, Rechtspflege.