Section Fam 212.02 - Failure of a Party to Attend or Participate in the Hearing(a) A party shall be in default if the party: (1) Has the overall burden of proof;(2) Has been given notice in accordance with Fam 210.01; and(3) Fails to attend the hearing, unless the failure to attend the hearing is the result of accident, injury, illness, or other event beyond the party's control.(b) If a party is in default under (a) above, the case shall be dismissed.(c) If a party who does not have the overall burden of proof fails to attend the hearing after having been given notice in accordance with Fam 210.01, the testimony and evidence of any other parties or intervenors shall be received and evaluated.(d) If a party who has the overall burden of proof attends the hearing but fails to participate by presenting evidence or argument, a decision shall be entered against that party.N.H. Admin. Code § Fam 212.02
#5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 210.02, see Revision Note at chapter heading for Fam 200)
Amended by Volume XXXVIII Number 41, Filed October 11, 2018, Proposed by #12633, Effective 10/2/2018.