Arizona Rules of Family Law Procedure

Rule 44.2. Default Decree or Judgment by Hearing

(a) Hearing Required. If a party does not meet the requirements for obtaining a default decree or judgment by motion without a hearing under Rule 44.1, the party must request, or the court may order, a default judgment hearing.

(b) Notice of Hearing. If the defaulted party has appeared in the matter, that party or, if appearing by a representative, that party’s representative, must be served under Rule 43 with written notice of the hearing not later than 3 days before the hearing.

(c) Conduct of Hearing. The court may conduct the hearing as necessary to resolve factual issues, determine the relief to be granted, and to enable the court to enter an appropriate decree or judgment.

(d) Rights of a Defaulted Party. A defaulted party is deemed to have admitted every material allegation of the petition. However, if a defaulted party appears, the court must allow that party to participate in the hearing to determine what relief is appropriate or to establish the truth of any statement.

(e) Past Child Support Judgment. The court will not enter a default judgment for any amount of child support accruing before the filing date of a petition to establish the first order for child support unless, in the petition or in the notice required under Rule 44(a)(3), the party seeking support has notified the party in default:

(1) of the time period for which past support is sought; and

(2) the amount of past support will be calculated by retroactive application of the Arizona Child Support Guidelines.

(f) Informing Defaulted Party. If a decree or judgment is entered by default, the party obtaining the decree or judgment must certify on the decree or judgment that, within 3 days of receiving the decree or judgment, that party will mail a copy of the decree or judgment to the last known address of the party in default. Failure to comply with this rule does not affect the validity of the decree or judgment entered or the time to appeal, nor does it relieve a party from any obligations set forth in the decree or judgment.

(g) Judgment if Service by Publication. If service was made by publication and no response has been timely filed, a decree or judgment may be entered as provided under Rule 41(m). The court must maintain a verbatim record of the default hearing and inquire of the steps taken by petitioner to satisfy the due process standards for publication of being reasonably calculated to give notice to the respondent and providing the best practicable notice under the circumstances.

Currentness