11.02.150 Default

(a) For a contested divorce, if the Respondent fails to answer within the time stated in Section 11.02.140(a), the Petitioner may file a motion with the Tribal Court for a default together with a proposed default judgment.

(b) The Petitioner must cause the Respondent to be served with the motion for default and the proposed default judgment in the manner provided by the SRMT Rules of Civil Procedure, and shall cause proof of service to be filed with the Tribal Court, if:

(1) the Respondent has appeared in the action;

(2) the motion for a default judgment seeks relief different in kind from, or greater in amount than, that stated in the Petition; or

(3) the Petition does not state a specific amount demanded.

(c) The Tribal Court may grant Petitioner's motion for default judgment and enter a default judgment if the time under Section 11.02.180 has run, provided that the Tribal Court believes the proposed default judgment is fair on its face to both parties.

(d) The Tribal Court's Principal Law Clerk shall promptly mail notice of entry of a default judgment to all parties. The notice to the Respondent shall be mailed to the Respondent's last known address or the address of the place of service. The Principal Law Clerk shall cause a record to be kept that notice was given.