OKDHS.org - OAC 340:2-28-33. Default judgment

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340:2-28-33. Default judgement

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Revised 7-1-07

(a) A default judgment or administrative order may be entered if:

(1) after statutory requirements for service have been met, a party fails to:
- (A) appear for a set hearing date;
- (B) file a responsive pleading; or
- (C) request a hearing within the statutory time allotted;
(2) having requested a hearing, the obligor fails to make an appearance at the hearing; or
(3) otherwise provided by statute. • 1

(b) Under the circumstances described in this Section, notice of taking default is not required.

INSTRUCTIONS TO STAFF 340:2-28-33

Revised 7-1-07

1. Default judgment.

(1) For example, a default judgment may be entered when the noncustodial parent (NCP) fails to appear for genetic testing under an order entered by the Director of the Oklahoma Department of Human Services under Section 240.23 of Title 56 of the Oklahoma Statutes.

(2) A default paternity order is not entered when the:

(A) NCP has entered a general appearance in the action by submitting to genetic testing; and

(B) custodian or mother fails to submit herself or her child for genetic testing after being ordered to appear.

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