Cal. Civ. Code § 534.120
Failure to prosecute, nonsuit
Operative Text
If the complainant fail to attend and prosecute his suit in person, or by agent or attorney, at the time appointed for the hearing of the complaint, he shall be nonsuited, and the defendant shall recover his costs.
Under Mo. Rev. Stat. § 534.120, if the party who filed a complaint in an unlawful detainer or similar summary proceeding fails to appear—either personally or through a representative—at the scheduled hearing, the case is dismissed against them (a "nonsuit"). As a consequence of that dismissal, the defendant is entitled to recover court costs from the complainant. The rule essentially requires the filing party to show up or risk losing the case outright.
Plain English — not legal advice.
Mo. Rev. Stat. § 534.120 places the burden on whoever initiates the complaint—often a landlord seeking possession—to appear at the scheduled hearing, whether personally, through an agent, or through an attorney. Operators who file eviction or possession actions generally ensure that a qualified representative is present at every court date to avoid an automatic nonsuit and a costs award against them. Maintaining clear communication with legal counsel and confirming hearing dates well in advance are practices consistent with compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mo. Rev. Stat. § 534.120 gives tenants a procedural protection: if the landlord or other complainant fails to appear at the scheduled hearing, the tenant (as defendant) is entitled to a nonsuit dismissal of the case and may recover court costs. Tenants who find themselves in this situation may wish to bring the provision to the court's attention or consult a tenant-rights organization about how to pursue the costs award. Local legal aid organizations can help tenants understand what steps are generally available when a complainant does not appear.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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