Rule 616-1-2-.30 - Default(1) A default order may be entered against a party who:(a) fails to appear at the scheduled hearing time after proper notice was duly issued;(b) fails to participate in any stage of a proceeding;(c) fails to file any required pleading; or(d) fails to comply with an order issued by the Court. The default judgment shall specify the grounds for the default.
(2) A default judgment may provide for a default as to all issues, a default as to specific issues, or other limitations, including limitations on the presentation of evidence and on the defaulting party's continued participation in the proceeding.(3) After issuing a default judgment, the Court shall proceed as necessary to resolve the case without the participation of the defaulting party, or with such limited participation as the Court deems appropriate, and shall determine all issues in the proceeding, including those affecting the party in default. If the default judgment is based on a failure to appear by the party who requested the hearing, the Court may dismiss the pending case.(4) Within ten (10) calendar days of the entry of a default judgment, the party against whom the default judgment was issued may file a written motion requesting that the judgment be vacated or modified, and stating the grounds for the motion. The Court may accept an untimely motion if a party includes facts establishing good cause for the delay in filing.(5) The Court may decline to enter a default or may open a default previously entered if the party's failure was the result of providential cause or excusable neglect, or if the Court determines from all of the facts that a proper case has been made to deny or open the default.Ga. Comp. R. & Regs. R. 616-1-2-.30
O.C.G.A. § 50-13-40.
Original Rule entitled "Default" adopted. F. June 30, 1995; eff. July 20, 1995.Amended: F. Feb. 27, 1997; eff. Mar. 19, 1997.Amended: F. Dec. 12, 2003; eff. Jan. 1, 2004.Amended: F. Nov. 15, 2010; eff. Dec. 5, 2010.Amended: F. June 22, 2020; eff. July 12, 2020.