N.H. Admin. Code § Rko 207.04 - Conditional Default for Failure to File an Appearance
(a) If a party
fails to file an appearance as required or ordered, or fails to file it by the
time required or ordered, that party shall be in conditional default.
(b) A conditional default for failure to file
an appearance may be requested by motion of any person who has filed an
appearance, or may be issued by the ombudsman acting sua sponte, at any time
that it appears that a required appearance is not of record.
(c) A hearing shall not be held on either
motions for conditional default for failure to file an appearance nor on
motions to strike such a conditional default.
(d) An order of conditional default for
failure to file an appearance shall:
(1)
Briefly state the reason that the conditional default is being issued, with
citation to applicable rules or orders of the office; and
(2) Instruct the defaulting party that if an
appearance is not received within 10 days of the date of the order, the
judgment shall become final under Rko 207.05, Rko 207.06, or Rko 207.07
below.
(e) A motion for
conditional default for failure to file an appearance shall be granted if it
appears from the record that the required appearance was not filed.
(f) A motion to strike a conditional default
shall be granted if:
(1) It is accompanied by
the required appearance; and
(2)
The motion establishes that the failure to file an appearance was the result of
accident, mistake, or misfortune, and not:
a.
Neglect;
b. An effort to delay the
resolution of the case; or
c.
Pursuant to RSA 91-A: 7-b, IV, a purposeful disregard of orders that were
issued during the review process.
Notes
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