A. If Party 2 does not file and serve the answer on Party 1 within thirty (30) days after service of process or does not appear at the first hearing on the matter after receiving proper notice, the Court may consider the petition’s merits and issue a judgment (called a “default judgment”) against Party 2.

B. Party 1 may request a default judgment by:

C. Before a written motion for default judgment is filed, Party 1 must deliver a copy of the motion to Party 2 by first class mail or, if service of process was completed by publication, to Party 2’s last known mailing address.

D. When a written motion for default judgment is filed with a proof of service at least seven (7) days before the first hearing on the petition, the Court may grant the motion for default judgment at the first hearing upon a finding that notice was proper and that Party 1 can prove the petition’s statements are more likely than not to be true.

E. When an oral motion for default judgment is made on the record at the first hearing, the Court shall issue an order to show cause as to why the motion should not be granted and schedule a hearing on the motion at least seven (7) days from the date of the first hearing.

F. If Party 2 files an answer to the petition at or before the time that the motion is to be argued to the Court and has provided good cause why the answer was not filed in a timely manner or why Party 2 failed to appear at the first hearing, the Court may deny the motion for default judgment, and the matter shall proceed on the merits of the petition. If Party 2 does not file an answer or appear at the motion hearing, the Court may grant the motion for default judgment.

G. In granting a default judgment, the Court may refuse to grant relief requested by Party 1 if granting the relief would be contrary to tribal law or would be unjust. The judge may not grant Party 1 greater relief on default than was requested in the petition. (Res. 2021-43; Res. 2020-60)