RULE 123. DEFAULT AND DISMISSAL
- (a) Default: If any party has failed to plead or otherwise
proceed as provided by these Rules or as required by the Court,
then such party may be held in default by the Court either on
motion of another party or on the initiative of the Court.
Thereafter, the Court may enter a decision against the defaulting
party, upon such terms and conditions as the Court may deem proper,
or may impose such sanctions (see, e.g., Rule
104) as the Court may deem appropriate. The Court may, in its
discretion, conduct hearings to ascertain whether a default has
been committed, to determine the decision to be entered or the
sanctions to be imposed, or to ascertain the truth of any
matter.
- (b) Dismissal: For failure of a petitioner properly to
prosecute or to comply with these Rules or any order of the Court
or for other cause which the Court deems sufficient, the Court may
dismiss a case at any time and enter a decision against the
petitioner. The Court may, for similar reasons, decide against any
party any issue as to which such party has the burden of proof, and
such decision shall be treated as a dismissal for purposes of
paragraphs (c) and (d) of this Rule.
- (c) Setting Aside Default or Dismissal: For reasons deemed
sufficient by the Court and upon motion expeditiously made, the
Court may set aside a default or dismissal or the decision rendered
thereon.
- (d) Effect of Decision on Default or Dismissal: A decision
rendered upon a default or in consequence of a dismissal, other
than a dismissal for lack of jurisdiction, shall operate as an
adjudication on the merits.
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