24.5.327    DEFAULT

(1) If a party required to file a responsive pleading under these rules fails to file a responsive pleading within the time specified, or otherwise fails to defend, the court at the request of the petitioner or upon its own motion issues an order providing that the party shall file a responsive pleading within the time ordered by the court. If the party fails to respond to the court's order within the time specified, the court orders the party to appear before the court at a specified date, time, and place to show cause why the court should not find the party in default and grant relief in accordance with the petition. The court serves the order by mail if upon an insurer, otherwise by certified mail or through personal service as directed by and at the discretion of the court.

(2) If the party fails to file a responsive pleading within the time provided and fails to appear at the show cause hearing, the court enters a default judgment against the party.

(3) If any party fails to comply with any order of the court, the court may, after notice and hearing, enter a default judgment against the party.

(4) If, to enable the court to enter judgment or to carry it into effect, the court deems it necessary to inquire into amounts of benefits or other matters, the court conducts a hearing into those matters.

(5) A party shall base any request for relief from default judgment upon good cause, such as mistake, inadvertence, surprise, or excusable neglect, and file it within the time set forth in ARM 24.5.320.

 

History: 2-4-201, 39-71-2901, 39-71-2903, 39-71-2905, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18.