Supreme Court Rules 2000

Judgment in default of appearance may not be entered in a probate action.

If one or more but not all of several defendants to a probate action fail to file a notice of appearance, at any time after the expiration of the period limited for appearance and on proof of service the plaintiff may proceed with the action as if all the defendants had entered an appearance.

If each defendant to a probate action and each person cited under rule 730(1)(a) fails to file a notice of appearance, the plaintiff may apply to the Court or a judge for judgment.

If a party to a probate action fails to observe a provision of these rules requiring service of a pleading on any other party, that other party may apply to the Court or a judge for leave to set down the action for trial.