Rule 55. Default; Default Judgment
Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of Arizona
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 neither a minor nor an incompetent person.
(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.
Added Sept. 2, 2016, effective Jan. 1, 2017. Amended Aug. 31, 2017, effective Jan. 1, 2018.
2015 Amendment to Rule 55(b)
This amendment clarifies when a defendant has a right to notice and a hearing if the plaintiff's claim is for a sum certain or for a sum that can be made certain by computation. Under the amendment, a defendant who has been defaulted on such a claim under Rule 55(b)(1), but who makes a post-default appearance, is not entitled to notice and a hearing before judgment may be entered.
STATE BAR COMMITTEE NOTE
1984 Amendment to Rule 55(b)
The amendment to Rule 55(b)(1) is intended to avoid the result suggested by dicta in Monte Produce, Inc. v. Delgado, 126 Ariz. 320, 614 P.2d 862 (App. 1980), that a default judgment including attorneys' fees may not be obtained by motion without a hearing unless the amount of attorneys' fees is liquidated. The amendment is intended to permit the court to consider and rule upon the issue of attorneys' fees by motion, even though it may be an unliquidated claim, where the complaint gives notice of an amount sought in the event of default [or if the award is allowed by law and supported by affidavit, and the defendant has not entered an appearance in the action.] The amendment does not attempt to change the substantive law in regard to liquidated or unliquidated damages.
16 A. R. S. Rules Civ. Proc., Rule 55, AZ ST RCP Rule 55
The Code of Judicial Administration is current with amendments received through 1/15/20. All other state court rules are current with amendments received through 2/15/20
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