Judicial Code

Rule 28: Default

(a)        When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, her/his default may be entered by the clerk and judgment by default granted.  Once the default is entered no further notice to the defaulting party of any action taken or to be taken need be given.

(b)            Judgment by default may be entered by the clerk if a party's claim against the opposing party is for a sum of money which is or can by computation be made certain, and if the opposing party has been personally served on the Reservation.  Otherwise, judgment by default can be entered only by the Court upon receipt of whatever evidence the Court deems necessary to establish the claim.  No judgment by default shall be entered against the Prairie Island Mdewakanton Dakota Community.

(c)        The Court may, for good cause shown, set aside either an entry of default or a default judgment.

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