24.5.327 DEFAULT (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 may issue an order providing that the party shall file a responsive pleading within ten days, or in the alternative shall appear before the court at a specified date, time, and place to show cause why the party should not be found in default and relief granted in accordance with the petition. The order shall be served 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 or to appear at the show cause hearing, the court may enter judgment by default.

(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.

(4) If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to inquire into amounts of benefits or other matters, the court shall conduct a hearing into those matters.

(5) Applications for relief from default judgment must be made within 60 days after judgment is entered and based upon good cause shown, such as mistake, inadvertence, surprise, or excusable neglect. (History: Sec. 2-4-201, 39-71-2901, 39-71-2903, 39-71-2905, MCA; IMP, Sec. 2-4-201, 39-71-2901 MCA; NEW, 2000 MAR p. 1513, Eff. 6/16/00.)

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