Application For Entry Of Default - Arizona (Page 2 of 2) in pdf

Application For Entry Of Default - Arizona Page 2

INSTRUCTIONS FOR OBTAINING A DEFAULT JUDGMENT

1. If you have served the defendant and 20 days* has passed since the date of service and the

defendant has not filed an answer to your complaint, you may file an application for entry of default

with the court.

2. If you have brought your complaint against multiple parties, the default applies only to those

defendants who have been served and have not answered within the time allowed.

3. Complete and file an application for entry of default. The form can be obtained from the court.

4. Mail a copy of the application (by regular U.S. mail) to the defendant and to the defendant's attorney

(if any). This gives the defendant notice that you have applied for entry of default. The defendant is

allowed ten more days within which to file an answer or other responsive pleading.

5. After ten days, the default takes effect.

6. If the defendant files an answer within that ten day period, default will not take effect.

A hearing date will be set in a small claims matter.

Disclosure will be due within 40 days in a civil matter.

7. If the defendant fails to file an answer, default will take effect. Your motion and affidavit will be given

to the Judge for review and consideration. The court will expect you to be able to substantiate your

claim.

8. The Judge will either enter judgment or set the matter for a default hearing to determine damages. A

hearing may not be necessary if the claim can be substantiated and computed by documentation

evidencing that the defendant owes what is claimed.

9. If you have documentation as evidence of the amount claimed, attach it to the Application and file it

with the court.

10. In all other cases, if it is necessary for the court to determine damages by testimony or by other

evidence, the court shall set the matter for a default hearing.

11. If service of the summons and complaint was accomplished by publication, you will be required to

provide a court reporter to be present for a default hearing.

12. A copy of any judgment entered will be mailed to both parties by the court.

Refer to Arizona Rules of Civil Procedure, Default, Application and entry Rule 55(a), and Judgment by

Default, Rule 55(b).

* Different timelines may apply to a signed waiver of service and/or out-of-state service.

Refer to

Arizona Rules of Civil Procedure, Rules 4.1 and 4.2.

8150-120B R:03-18-2008

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Application For Entry Of Default - Arizona Page 2