§ 16-2343.03. Default order.

Current through October 23, 2012

If a respondent fails to appear at a hearing in any case in which parentage is at issue, a default order shall be entered upon a showing that (1) the respondent was served with notice of the action by any method permitted pursuant to section 46-206(b), and (2) that the respondent received actual notice of the first, or any other hearing, where parentage is at issue which the respondent failed to attend. An ex parte hearing shall not be required before the entry of a default order.

                
                    var val = document.getElementById('citecontent').innerHTML;
                    art.dialog.defaults.title = window.location.href;
                    art.dialog.data('cite', val);
                    art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
                    art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');

(Mar. 16, 1995, D.C. Law 10-223, § 2(j), 41 DCR 8051; July 25, 1995, D.C. Law 11-30, § 14, 42 DCR 1547; Apr. 18, 1996, D.C. Law 11-110, § 66, 43 DCR 530; Apr. 3, 2001, D.C. Law 13-269, § 106(o), 48 DCR 1270; July 18, 2008, D.C. Law 18-33, § 3(l), 56 DCR 4269.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 16-2343.3.

Effect of Amendments

D.C. Law 13-269 rewrote the section which formerly read:

"In the event the defendant fails to appear, a default order shall be entered in a paternity case upon a showing of service of process on the defendant."

D.C. Law 18-33 substituted "respondent" for "putative father", "parentage" for "paternity", and "the respondent" for "he".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 5(o) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

For temporary (225 day) amendment of section, see § 5(q) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 105(q) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 105(q) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Temporary Addition of Section

For temporary (225 day) addition of section, see § 5(r) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) addition of section, see § 105(r) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

Emergency Act Amendments

For temporary amendment of section, see § 5(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), and § 5(o) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12- 309, March 20, 1998, 45 DCR 1923).

For temporary amendment of section, see § 5(q) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(q) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), § 5(q) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

Section 15 of D.C. Act 12-503 provides for the application of the act.

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary amendment of section, see § 105(q) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 105(q) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606). For temporary (90-day) addition of § 16-2343.4 [1981 Ed.], see § 105(r) of the same Act.

For temporary (90-day) amendment of section, see § 105(q) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678). For temporary (90-day) addition of § 16-2343.4 [1981 Ed.], see § 105(r) of the same Act.

For temporary (90-day) amendment of section, see § 105(q) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581). For temporary (90-day) addition of § 16-2343.4 [1981 Ed.], see § 105(r) of the same Act.

For temporary (90 day) amendment of section, see § 105(q) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 106(o) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

Legislative History of Laws

For legislative history of D.C. Law 10-223, see Historical and Statutory Notes following § 16-2342.01.

Law 11-30, the "Technical Amendments Act of 1995," was introduced in Council and assigned Bill No. 11-58, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on February 7, 1995 and March 7, 1995, respectively. Signed by the Mayor on March 22, 1995, it was assigned Act No. 11-32 and transmitted to both Houses of Congress for its review. D.C. Law 11-30 became effective on July 25, 1995.

For legislative history of D.C. Law 11-110, see Historical and Statutory Notes following § 16-2301.

For D.C. Law 13-269, see notes following § 16-901.

For Law 18-33, see notes following § 16-308.

Miscellaneous Notes

Mayor authorized to issue rules: See note to § 16-2342.01.

Section 28(c)(7) of D.C. Law 15-354 provides that the section designation of § 16-2343.3 of the District of Columbia Official Code is redesignated as § 16-2343.03.