Chapter 96

Opening Default

If the accused has failed to answer within the time specified for that purpose, or having answered, if he fails to appear at the time and place fixed for trial, he may apply to be relieved from his default.

1. An application for relief must be filed within six months from the date he was required to answer the complaint.

2. The application to open a default shall be by written petition forwarded to the Judge Advocate and containing a statement of petitioner's reasons and excuses for his default and a statement of facts tending to indicate that he is not guilty of the charges.

3. If the application to open a default is received before the filing of the report of the Trial Commission, the Judge Advocate shall forward the same to the Chairman of the Trial Commission.

4. If the application to open a default is received after the entire file in the case has been forwarded to the Grand Secretary, the Judge Advocate shall forward the same to the Grand Master for his attention.

5. No oral argument shall be permitted on an application to open a default.

6. In transmitting an application to open a default to the person authorized to pass thereon, the Judge Advocate may submit a written statement in opposition thereto.

The granting or denial of an application to open a default shall be determined by a majority of the Trial Commission.

1. If the petition to open a default be granted, the Trial Commission shall fix the time and place for trial as if no default had occurred.

2. The Grand Master shall grant or deny the application by endorsing the same with his determination and in case of a denial with his reason therefor.

3. If granted by the Grand Master, the petition with his endorsement shall be transmitted to the Judge Advocate.

4. He shall forward all documents in the case to the same Trial Commission that first heard and tried the cause if they be available.

5. If they are not available, then the Judge Advocate shall proceed to appoint another Trial Commission as hereinbefore provided and proceed de novo with the hearing and trial.

6. If the Grand Master grants an application to open a default in any case where the decision has been rendered by the Judge Advocate under Regulation 91-12, the Judge Advocate shall appoint a Trial Commission as provided by the Trial Code, and said Trial Commission shall proceed with the hearing and trial de novo.

REG. 96-3 APPEAL OF DENIAL.

If the petition to open a default be denied by a Trial Commission, their determination shall be filed with the decision and report of such Trial Commission when it is filed as provided in Regulation 95-5.5.

1. If it be denied by the Grand Master, his determination shall be transmitted to the Judge Advocate who shall file the same in the office of the Grand Secretary and notify the petitioner of the action taken upon his petition.

2. The denial of a petition to open a default shall be subject to review on appeal in the manner provided in Chapter 98.