TCT.2.9.030 Answers, Counterclaims, Cross-Complaints, and Third-Party Complaints

(a) All parties shall appear on the first appearance date specified in the summons and complaint. All answers, counterclaims and cross complaints may be made orally or in writing. If made in writing, any such pleadings shall be filed with the Clerk of Court with copies served on all parties. A third-party complaint must be made in writing and shall be filed with the Clerk of Court and served on the third-party defendant on or before the return date or at such later date as the Court allows.

(b) Written pleadings shall not substitute for personal appearance or appearance by an attorney or lay advocate on the first appearance date. Failure of any party to appear may result in judgment as provided in §§ Section TCT.2.11.010 and Section TCT.2.11.020 of this ordinance.

(c) Upon the first appearance date, the court shall determine whether the defendant wishes to make a defense to the complaint. If the defendant does not wish to make a defense or raise a counterclaim, judgment may be entered in favor of the plaintiff. If the defendant does wish to make a defense, the court shall determine whether the parties wish to settle their differences without trial. If such settlement is made, the court shall enter judgment, or dismiss the complaint, as called for by the settlement. If the parties do not make such a settlement, a trial date shall be set or a scheduling order under Section TCT.2.9.050 of this ordinance, shall be entered depending on the complexity of the case. Trial may be had on the date of the first appearance if all parties and the court consent.

(d) Any party may request a substitution of judge for cause by making such request at the hearing on the first appearance date.

(e) The court may in its discretion adjourn the first appearance as the interests of justice require.