RULE 44. DEFAULT

Arizona Rules of Family Law Procedure

(a) Application for Default.

(1) Generally. If a party against whom a decree or a judgment for affirmative relief is sought fails to respond, the party seeking relief may file an application for default.

(2) Application. A party seeking default must file a written application that:

(A) states the name of the party against whom default is sought;

(B) states that the party has failed to respond within the time allowed by these rules;

(C) provides the last known mailing address for the party claimed to be in default, or states that the party requesting the default does not know the whereabouts of the party in default;

(D) identifies an attorney known to represent the party in default, either in the action in which default is sought or in a related matter, whether or not the attorney has formally appeared, or does not know the identity and address of any such attorney;

(E) attaches a copy of the proof or acceptance of service establishing the date and manner of service on the party in default; and

(F) attaches a form substantially similar to Form 6, Rule 97, Default Information for Spousal Maintenance, if the party seeks spousal maintenance and chooses to proceed by motion without a hearing.

(3) Notice. The party applying for default must provide notice as follows:

(A) To the Party. If the party requesting default knows the whereabouts of the party in default, a copy of the application for default must be mailed to the party in default, even if the party is represented by an attorney who has entered an appearance in the action.

(B) To the Attorney. If the party requesting default knows that the party in default is represented by an attorney either in the action in which default is sought or in a related matter, a copy of the application also must be mailed to that attorney, whether or not that attorney has formally appeared in the action. A party requesting default is not required to make affirmative efforts to determine the existence or identity of an attorney representing the party in default.

(C) Time of Notice. The notice required under subpart (a)(3)(A) or (B) must be mailed on the date that the application is filed, or as soon as practicable after its filing.

(D) To Other Parties. An application for default must be served on all other parties who have appeared in the action.

(4) A Default’s Effective Date. A default is effective 10 days after the application for default is filed.

(5) A Default is not Effective. A default will not become effective if the party in default responds within 10 days after the application for default is filed.

(b) Setting Aside a Default or a Final Default Judgment. The court may set aside a default for good cause, and it may set aside a final default judgment under Rules 83 or 85.

(c) Judgment Against the State. The court may enter a default judgment against the State of Arizona or one of its officers or agencies only if, after a hearing, a party establishes a claim or right to relief by evidence that satisfies the court.

(d) Party Status. The provisions of this rule apply whether the party entitled to the judgment by default is a petitioner or respondent.

2019-02-06T11:22:05+00:00