11.02.330 Default

(a) If the Respondent fails to answer within the time stated in Section 11.02.320(a), the Petitioner may file a motion with the Tribal Court for a default together with a proposed order.

(b) The Petitioner must cause the Respondent to be served with the motion for default and the proposed order in the manner provided in the Saint Regis Mohawk Tribe's 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; or

(2) The motion for a default judgment seeks relief different than stated in the Petition.

(c) The Tribal Court may grant Petitioner's motion for default judgment and enter a default judgment if the time under Section 11.02.320 has run, provided that the Tribal Court believes the proposed order is fair to both parties and in the best interest of the Children.

(d) The Tribal Court clerk shall promptly mail notice of entry of a default order 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 clerk shall keep a record that notice was given.

(e) If a Respondent is served with proof of service filed and fails to appear on the return date, the Court may entertain an oral motion to award the Petitioner custody or make such orders as it deems just and proper.