DEFAULT JUDGMENTS AND DISMISSALS

(a) When the defendant fails to appear for trial. If the defendant has been given proper notice of the date and time of trial but fails to appear, and the plaintiff appears, then the judge may enter a default judgment against the defendant provided: (1) there is a factual basis to support the claim; and (2) the judgment is not different in kind from or does not exceed the amount of that demanded in the complaint. (b) When the plaintiff fails to appear for trial. If the plaintiff has been given proper notice of the date and time of trial but fails to appear on the trial date, and the defendant appears, then the judge may dismiss the case without prejudice. (c) When both the plaintiff and defendant fail to appear for trial. If both the plaintiff and the defendant fail to appear on the trial date, then the judge may dismiss the case without prejudice. (d) When the plaintiff files a motion for dismissal. If the plaintiff files prior to any responsive pleading or trial a written motion for the dismissal of the case, then the judge may dismiss the case without prejudice unless objected to by the defendant. Plaintiff’s costs shall not be assessed against the defendant. (e) Setting aside a default judgment. Unless an appeal has been perfected pursuant to these rules, a party may request the court to set aside a default judgment. Thereupon, the judge may stay the execution of the default judgment pending a hearing on the motion. After a hearing in which the parties to the action have been given notice and an opportunity to be heard, the judge may set aside the default judgment by written order as may be just and proper if he/she determines that good cause has been shown to support such order. In making this determination, the judge must weigh the following factors: (1) the nature and legitimacy of the party’s reasons for default, (2) whether the party’s claims or defenses have reasonable merit, and (3) the nature and extent of prejudice that the opposing party would suffer if the default judgment is set aside. 14