(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.
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.
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
Mont. Admin. R. 24.5.327
NEW, 2000 MAR p. 1513,
Eff. 6/16/00; AMD, 2014 MAR p. 2829, Eff. 11/21/14; AMD,
MAR p. 305, Eff.