Section 792.10231. Defaults; “default hearing” defined; dismissals; withdrawals; transfers.

(1) If a party has failed to plead, appear, or otherwise proceed as provided by these rules or the tribunal, the tribunal may, upon motion or its own initiative, hold that party in default. A party held in default shall cure the default as provided by the order holding the party in default and, if required, file a motion to set aside the default accompanied by the appropriate fee within 14 days of the entry of the order holding the party in default or as otherwise provided by the tribunal. Failure to comply with an order of default may result in the dismissal of the contested case or the conducting of a default hearing as provided in this rule.

(2)   For purposes of this rule, “default hearing” means a hearing at which the defaulted party is precluded from presenting any testimony, submitting any evidence, and examining the other party’s witnesses.

(3)   A petition may be withdrawn upon motion filed by the petitioner before the answer or first responsive motion has been filed with the tribunal. Once the answer or first responsive motion has been filed, a petition may be withdrawn upon motion filed by petitioner only if the other party or parties do not object to the withdrawal.

(4)     Failure of a party to properly prosecute the contested case, comply with these rules, or comply with an order of the tribunal is cause for dismissal of the contested case or  the conducting of a default hearing for respondent. Upon motion made within 21 days of the entry of the order, an order of dismissal may be set aside by the tribunal for reasons it considers sufficient. See R 792.10225.

(5)    By stipulation of the parties or by a petitioner’s motion and notice to the respondent, the tribunal may transfer a matter to the small claims division by order.

History: 2013 AACS; 2015 MR 1, Eff. Jan. 15, 2015.