Title 15, Chapter 10, Section 44
( 15-10-44)
(a) The trial shall be conducted on the day set for the hearing, or
at such later time as the judge may set. Immediately prior to the
trial of any case, the judge shall counsel the parties to make an
earnest effort to settle the controversy by conciliation. If the
parties fail to settle their differences without a trial, the judge
shall proceed with the hearing on its merits. (b) The judge shall conduct the trial in such manner as to do
substantial justice between the parties according to the rules of
substantive law. All rules and regulations relating to pleading,
practice, and procedure shall be liberally construed so as to
administer justice. (c) If the plaintiff fails to appear, the action may be dismissed
for want of prosecution, 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 continue the case, order
the same dismissed for want of prosecution, or make any other just
and proper disposition thereof, as justice may require. |