R 205.1247 Defaults; "default hearing" defined; dismissals; transfers

Rule 247

(1) If a party has failed to plead, appear, or otherwise proceed as provided by these rules or as required by the tribunal, then the party may be held in default by the tribunal on motion of another party or on the initiative of the tribunal. A party placed in default shall cure the default as provided by the order placing the party in default and file a motion to set aside the default accompanied by the appropriate fee within 21 days of the entry of the order placing the party in default or as otherwise ordered by the tribunal. Failure to comply with an order of default may result in the dismissal of the case or the scheduling 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 or submitting any evidence not submitted to the tribunal before the entry of the order placing the party in default and may not, unless otherwise ordered by the tribunal, examine the other party's witnesses.

(3) In a property tax appeal, a proceeding shall be dismissed by the tribunal upon motion filed by the petitioner before the time provided in R 205.1250 for conducting a counsel conference has expired. In a non-property tax appeal, a proceeding shall be dismissed by the tribunal upon motion filed by the petitioner before the first responsive pleading has been filed with the tribunal. Once the time provided in R 205.1250 for conducting a counsel conference has expired in a property tax appeal or the first responsive pleading has been filed with the tribunal in a non-property tax appeal, the tribunal shall dismiss the case upon motion filed by petitioner only if the other party or parties do not object to the dismissal.

(4) Failure of a party to properly prosecute the appeal, comply with these rules, or comply with an order of the tribunal is cause for dismissal of the appeal or for the scheduling of a default hearing for the respondent. Upon motion made within 21 days of the entry of the order as provided by R 205.1288, an order of dismissal may be set aside by the tribunal for reasons it deems sufficient.

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

History: 1954 ACS 84, Eff. Aug. 16, 1975; 1954 ACS 101, Eff. Oct. 30, 1979; 1979 AC; 1996 MR 4, Eff. May 2, 1996.