The BBC has failed multiple times to serve Donald Trump’s family members with legal orders in the US President’s defamation case against the broadcaster.
The national broadcaster has been attempting to subpoena Mr Trump’s son, Donald Trump Jr; his daughter, Ivanka Trump; and son-in-law, Jared Kushner, to require them to give evidence, however, multiple efforts have failed so far.
I’m not an expert in law by any means, but isn’t this literally the case for summary judgement? The plaintiff is refusing to show up, so they can explain themselves in sentencing.
Summary judgement requires you to show you’ve successfully served the defendant and they’ve then refused/failed to appear in court.
If you can’t actually serve the defendant (usually required in-person), but can show you have made sufficient effort to do so; the judge can first grant alternative means of service, such as posting notice in public, or service via email.
Once that’s been done, and still the defendant fails to appear in court; then the plaintiff can submit a motion for summary judgement.
Not a criminal trial so no sentencing. If I remember correctly, the judge can allow posting notice in a newspaper if necessary and ultimately impose a default judgment. Hopefully a lawyer will chime in.