What is the first action the court requires if an out-of-state defendant fails to appear?

In the context of handling out-of-state defendants who fail to appear in court, the appropriate initial action is to send a notice to the defendant. This step is crucial because it serves to formally inform the defendant of their failure to appear and the potential implications of that failure. Sending a notice ensures that the defendant is aware of the situation and can respond appropriately, whether by appearing in court, providing an explanation, or taking measures to rectify the absence.

This process is integral to upholding due process, as it allows the defendant a chance to address the court and participate in their legal proceedings. It also promotes fairness by ensuring that the defendant is not penalized without being duly informed of the consequences of their absence. Other options, while significant in different contexts, are not the first actions because they typically follow after the notice has been issued and an attempt has been made to bring the defendant into compliance with court procedures.