Document ID: chunk:federal_register_of_legislation:C2004C02023:section:42
Version: federal_register_of_legislation:C2004C02023
Segment Type: section
Provision Reference: s 42
Character Range: 47005–47881

42  Non‑appearance or absence of some defendants
 (1) When there are several defendants in any cause pending in the Supreme Court, if any defendant is not served with process and does not voluntarily appear, the Court may nevertheless entertain the cause and proceed to hear and determine it between the parties who are properly before the Court; but the judgment given in the cause shall not conclude or prejudice other parties who are not regularly served with process and do not voluntarily submit to the jurisdiction of the Court.
 (2) When, in any suit of which the Supreme Court has jurisdiction, any defendant is not a resident of, or found within, the Commonwealth, and does not voluntarily appear in the suit, the Court may nevertheless proceed to exercise its jurisdiction after such notice to the defendant and upon such terms as are prescribed by Rules of Court.