Mich. Admin. Code 792.10237 - Defaults; failure to appear; withdrawals; transfers
Rule 237.
(1) If a
party has failed to plead, or otherwise proceed as provided by these rules or a
tribunal order, 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. Failure to cure the default may result
in the dismissal of the contested case or the conducting of a default
hearing.
(2) If a petitioner fails
to appear for a scheduled proceeding other than a prehearing conference or a
non-property tax scheduling conference, after a properly served notice of the
proceeding, the tribunal shall issue an order holding the petitioner in default
and, if the default is not timely cured, may dismiss the contested case. If a
petitioner fails to appear for a scheduled prehearing conference or scheduled
non-property tax scheduling conference, after a properly served notice of the
conference, the tribunal may conduct the conference without the participation
of the petitioner or issue an order holding the petitioner in default and, if
the default is not timely cured, may dismiss the contested case.
(3) If the respondent fails to appear for a
scheduled proceeding other than a prehearing conference or non-property tax
scheduling conference, after a properly served notice of the proceeding, the
tribunal shall issue an order holding the respondent in default and, if the
default is not timely cured, may conduct a default hearing. If the respondent
fails to appear for a scheduled prehearing conference or scheduled non-property
tax scheduling conference, after a properly served notice of the conference,
the tribunal may conduct the conference without the participation of the
respondent or issue an order holding the respondent in default and, if the
default is not timely cured, may conduct a default hearing.
(4) A petition may be withdrawn upon a motion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filed, a petition may be withdrawn upon motion filed by petitioner only if the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 parties do not object to the withdrawal for substantive reasons. For
purposes of this subrule, a request for costs is not a substantive
reason.
(5) The tribunal may, upon
motion, transfer a contested case pending in the entire tribunal to the small
claims division.
Notes
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Rule 237.
(1) A party 's valuation disclosure in a property tax contested case must be submitted to the tribunal and the opposing parties as ordered by the tribunal. However, a party may, if the party has reason to believe that the opposing parties may not exchange a valuation disclosure as ordered by the tribunal, submit a valuation disclosure to the tribunal together with a motion and appropriate filing fee requesting the tribunal's leave to withhold the valuation disclosure until all opposing parties submit their valuation disclosures to that party .
(2) A party shall submit to the tribunal and the opposing parties a prehearing statement, as required by R 792.10247. The prehearing statement must provide the opposing parties and the tribunal with the name and address of any person who may testify at hearing and a general summary of the subject area of their testimony. A person who is not disclosed as a witness is not permitted to testify, unless the tribunal permits the testimony to be taken for good cause shown.