RULE 117 Advisory Notes

Rule 117 indicates that procedures regarding defaults and default judgments are generally governed by Rule 55. However, Family Division cases do not lend themselves to the clerk entered defaults or default judgments authorized by Rule 55(b)(1). For similar reasons, post-judgment motions under Rule 120 do not lend themselves to a waiver of objections as authorized by Rule 7(c)(3).

The text of Rule 117 also reflects the spirit of Rule 80(f) that parties should have notice of final hearings and the pendency of final judgments in Family Division actions. Thus, the rule requires that no default judgment shall be entered in actions for divorce, child support, spousal support, paternity, parentage or parental rights and responsibilities without all parties being given notice and an opportunity to appear and be heard before entry of judgment. To avoid ambiguity that is often inherent in summons and notices regarding preliminary proceedings in divorce cases where parties who do not contest the ultimate result – the divorce – and thus do not respond indicating such a contest, the summons and notices must be changed to reflect all consequences of not participating in the proceedings.

The proposed rule does allow the court to waive notice to properly served parties who have not entered any appearance and not otherwise participated in the proceedings before the hearing and judgment. The summons must be redrafted to reflect all consequences of a failure to respond or enter an appearance.

Advisory Note – July 2016

The first change made to Rule 117(a) and the addition of Rule 117(b) reflect the statutory provision for modifying child support orders without a hearing when no request for hearing has been made. The second change to Rule 117(a), which omits the final sentence, ends the practice of holding “hearings” without providing notice to a party.