Rule 44.2. Default Decree or Judgment by Hearing
Arizona Revised Statutes AnnotatedRules of Family Law Procedure
17B A.R.S. Rules Fam.Law Proc., Rule 44.2
Formerly cited as AZ ST RFLP Rule 44(B)(2)
Rule 44.2. Default Decree or Judgment by Hearing
(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:
(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.
Credits
Added Aug. 30, 2018, effective Jan. 1, 2019.
17B A. R. S. Rules Fam. Law Proc., Rule 44.2, AZ ST RFLP Rule 44.2
State Court Rules are current with amendments received through August 15, 2024. The Code of Judicial Administration is current with amendments received through August 1, 2024.
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