Superior Court of the Virgin Islands
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Rules Governing the
Superior Court of the Virgin Islands

Rule 63. Return-day; trial; non-appearance

(a) The return-day, which shall be stated in the summons, shall not be less than 5, nor more than 15 days from the date of filing the action, in the discretion of the judge, according to the nature and circumstances of the case and the method of service to be employed.

(b) The trial shall be held on the return-day, unless for good cause shown the time of the trial is set for a later day.

(c) If the defendant fails to appear, judgment may be entered by default where the claim is for a liquidated amount, or judgment may be entered upon ex parte proof where the claim is unliquidated. If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or the defendant may proceed to a trial on the merits, or the case may be continued, as the judge may direct. If both parties fail to appear, the judge may order the case dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require.--Amended May 28, 1957.

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