Rule 35a-8. Burden of Proceeding

(a) The petitioner shall be prepared to substantiate the allegations of the petition. All parties except the child or youth shall be present at trial unless excused for good cause shown. Failure of any party to appear in person or by their statutorily permitted designee may result in a default or nonsuit for failure to appear for trial, as the case may be, and evidence may be introduced and judgment rendered.

(b) If a parent, guardian, person presumed to be the parent pursuant to General Statutes § 46b488 (a) (3) or a person named as the alleged genetic parent fails to appear at the initial hearing and no military affidavit has been filed, the judicial authority shall continue the proceedings prior to entering a default for failure to appear until such time as the military affidavit is filed.

(c) The clerk shall give notice by mail to the defaulted party and the party's attorney of the default and of any other action taken by the judicial authority. The clerk shall note the date that such notice is given or mailed.

Committee Notes

amended June 30, 2008, to take effect Jan. 1, 2009; amended