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R 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 21 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 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, unless otherwise provided by the tribunal.
(3) A petition may be withdrawn upon motion filed by the petitioner before the answer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responsive motion has been filed, a petition may be withdrawn upon motion filed by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 proceeding, comply with these rules, or
comply with an order of the tribunal is cause for dismissal of the proceeding or the
conducting of a default hearing for respondent. Upon motion made within 21 days of the
entry of the order, as provided by R 792.10255 of these rules, an order of dismissal may
be set aside by the tribunal for reasons it considers sufficient.
(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.