Legal Non-Appearance Affidavit

LEGAL NON-APPEARANCE AFFIDAVIT

Affiant Name:   Affiant Address:

Case Name:   Case Number:

Court:   Other Party Name:

RECITALS

WHEREAS, a hearing, trial, conference or other proceeding in the above-captioned matter is scheduled for (the "Scheduled Proceeding") before the court identified above;

WHEREAS, Affiant has represented that Affiant will not attend or otherwise appear at the Scheduled Proceeding in person and desires to document Affiant's non-appearance and related authorizations, consents, and acknowledgements as set forth herein;

WHEREAS, the parties wish to set forth procedures for notice, representation and consequences related to Affiant's non-appearance to avoid uncertainty and prejudice to the parties and the tribunal;

NOW THEREFORE

In consideration of the mutual covenants and representations contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. NON-APPEARANCE DECLARATION

Affiant expressly declares and attests that Affiant will not personally appear at the Scheduled Proceeding. Affiant understands and acknowledges that this affidavit constitutes Affiant's formal statement of non-appearance and will be relied upon by the other party and the tribunal for scheduling, procedural, and evidentiary determinations.

Affiant elects (select one):   Affiant designates counsel identified below to appear on Affiant's behalf;   Affiant consents to the Scheduled Proceeding to proceed in Affiant's absence;   Affiant requests a continuance of the Scheduled Proceeding (subject to court approval).

2. SERVICE, NOTICE AND CONTACT

Affiant designates the following methods and contacts for service and notice related to the Scheduled Proceeding and any actions required as a result of non-appearance:

Permitted methods of service (select all that apply):   Personal service   Registered or certified mail   Email to designated address   Facsimile transmission

3. EFFECTS AND ACKNOWLEDGEMENTS

Affiant acknowledges that non-appearance may have legal consequences, including without limitation rulings on motions, entry of default or dismissal, imposition of sanctions, or consideration of affidavits and documentary evidence in lieu of live testimony. Affiant further acknowledges that Affiant bears the risk of prejudice from non-appearance unless otherwise ordered by the tribunal.

Affiant affirms that Affiant is not subject to any court order or legal requirement that would render this non-appearance a violation of law or a breach of any other enforceable duty, except as disclosed in the Statement of Facts below.

4. REPRESENTATIONS AND WARRANTIES

Affiant represents and warrants that: (a) Affiant has authority to execute this affidavit; (b) all information provided herein is true and correct to the best of Affiant's knowledge; and (c) Affiant has not executed another instrument or taken other action that would conflict with the declarations and elections made in this affidavit.

5. CERTIFICATION UNDER PENALTY OF PERJURY

Affiant certifies under penalty of perjury under the laws of the jurisdiction in which the court sits that the statements contained in this Non-Appearance Affidavit are true and correct.

6. NOTICES; AMENDMENT; WAIVER

All notices required or permitted hereunder shall be in writing and delivered in accordance with the contact and service provisions set forth above. This Affidavit may be amended only by a written instrument signed by both Affiant and the Other Party. No waiver of any provision of this Affidavit shall be effective unless in writing and signed by the party granting such waiver.

7. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

Governing Law: This Affidavit shall be governed by and construed in accordance with the laws of the state where the tribunal is located, without regard to choice of law principles.

Severability: If any provision of this Affidavit is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement: This Affidavit constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior negotiations, understandings, and agreements, whether written or oral.

MISCELLANEOUS

Counterparts: This Affidavit may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted by electronic means shall be deemed original signatures for all purposes.

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