Rule 55. Default; Default Judgment
Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: January 1, 2023 to December 31, 2023
Effective: January 1, 2023 to December 31, 2023
16 A.R.S. Rules of Civil Procedure, Rule 55
Rule 55. Default; Default Judgment
(A) To the Party. If the party requesting the entry of default knows the whereabouts of the party claimed to be in default, a copy of the application for entry of default must be mailed to the party claimed to be in default, even if the party is represented by an attorney who has entered an appearance in the action.
(B) To the Attorney for a Represented Party. If the party requesting the entry of default knows that the party claimed to be in default is represented by an attorney 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 the entry of default is not required to make affirmative efforts to determine the existence or identity of an attorney representing the party claimed to be in default.
(A) Generally. If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the court--on the plaintiff's motion, with an affidavit showing the amount due and without a hearing--may enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is not a minor, an incapacitated person, or an adult in need of protection.
(C) Notice. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application for default judgment at least 3 days before the hearing. The notice must include the date, time, and place of the hearing.
Credits
Added Sept. 2, 2016, effective Jan. 1, 2017. Amended Aug. 31, 2017, effective Jan. 1, 2018; Aug. 26, 2020, effective Jan. 1, 2021; Aug. 29, 2022, effective Jan. 1, 2023.
16 A. R. S. Rules Civ. Proc., Rule 55, AZ ST RCP Rule 55
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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