(a) Failure to Answer or Appear. If a respondent fails to resign or file an answer to a formal complaint within the time allowed by these rules, or if a respondent fails to appear at a hearing set pursuant to BR 2.4(e)(8), the Adjudicator may file with the Disciplinary Board Clerk an order finding the respondent in default under this rule and, if so, shall request the regional chairperson to appoint an attorney member and a public member to serve on the trial panel unless a panel has already been appointed. The Disciplinary Board Clerk shall send copies of the order of default to the parties. The trial panel shall thereafter deem the allegations in the formal complaint to be true and either issue its written opinion based on the formal complaint, or, in its sole discretion, after considering evidence or legal authority limited to the issue of sanction. Following entry of an order of default, the respondent is not entitled to further notice in the disciplinary proceeding under consideration, except as may be required by these rules or by statute. The trial panel shall not, absent good cause, continue or delay proceedings due to a respondent's failure to answer or appear.(b) Setting Aside Default. At any time prior to a trial panel's issuing its written opinion, the trial panel may set aside an order of default upon a showing by the respondent that the respondent's failure to resign, answer, or appear timely was the result of mistake, inadvertence, surprise, or excusable neglect. If a trial panel has issued its opinion, a respondent must file any motion to set aside an order of default with the Supreme Court.Rule 5.8 amended by Order dated June 29, 1993. Rule 5.8a amended by Order dated February 5, 2001. Amended by Order dated June 17, 2003, effective 7/1/2003. Rule 5.8a amended by Order dated October 19, 2009. Rule 5.8a and 5.8b amended by Order dated May 3, 2017, effective 1/1/2018. Rule 5.8a amended by Order dated May 22, 2019, effective 9/1/2019. Rule 5.8(a) amended by Order dated December 26, 2023, effective 1/1/2024.